COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits” Introduction This commentary examines...
Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate Case: Matter of LaBarbera v. New York City Department of Education,...
Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline Introduction In Zlobec v. Bank of N.Y....
Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc. Introduction...
Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies Introduction In New York Bus...
The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and...
FAPA Retroactively Bars Post-Discontinuance Foreclosures: Voluntary Discontinuance Does Not Reset Limitations Period 1. Introduction In U.S. Bank N.A. v Craft (2025 NY Slip Op 04510 [240 AD3d 1140]...
People v. Terry: Concrete Sidewalk and Shoes as “Dangerous Instruments,” Community-of-Purpose by Continued Participation, and Narrow Public-Trial Closure for Witness Safety 1. Introduction In People...
Area Variance Denials Must Reflect a Real Town Law § 267-b Balancing—Context, Impacts, and Applicant Benefit Matter I. Introduction Matter of Williams v. Town of Lake Luzerne Zoning Bd. of Appeals...
Conditional Reinstatement After Public-Corruption Disbarment: “Tangible Public Benefit” Plus Targeted Safeguards 1. Introduction Matter: Matter of Cammarano (Appellate Division, Third Department;...
People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation...
Bell v. Bollenbach & House, Inc.: Reinforcing Espinal Limits on Contractor Liability and Tightening Proof Standards for Constructive Notice and Expert Weather Evidence in Snow-and-Ice Slip-and-Fall...
No Relation-Back Without Actual Notice: Misindexed Lis Pendens and Recorded Mortgage Do Not Bind Subsequent Owners in Foreclosure Commentary on U.S. Bank N.A. v. 1702 Dean, LLC (2025 NY Slip Op...
Judicial Independence over Legislative Penalties: New York Appellate Division Declares CPLR 7003(c) Unconstitutional Introduction Poltorak v. Clarke (2025 NY Slip Op 04496) presents a foundational...
Improvised Cardboard Mats Are Not “Open and Obvious”; Out‑of‑Possession Landlord Escapes Liability Absent a Specific Statutory/Structural Defect Commentary on Mejia v. 2959 Fulton St. Realty, Inc.,...
Independent Knowledge of Alternatives Defeats Causation in Informed Consent: Kormusis v. Goldenberg (2025) Introduction In Kormusis v. Goldenberg (2025 NY Slip Op 04462), the Appellate Division,...
Mechanism-of-Injury Statements in Medical Records Are Admissible When Germane and Attributable to the Patient — No Per Se Requirement of Provider Testimony (Pillco v. 160 Dikeman St., LLC)...
Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal Introduction This...
Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu This commentary analyzes Matter of Yu, 2025 NY Slip Op 04487 (App...
Everson: No Per Se Adjournment for Late Discovery Under CPL 245.80(1)(a); Out‑of‑Order Peremptory Strike of an Alternate Is Moot Absent Alternate Deliberations Introduction In People v. Everson (2025...