New York Case Commentaries

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor

Date: Aug 7, 2025

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor Introduction...

No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York: Cadlerock Joint Venture, L.P. v. Simms

Date: Aug 7, 2025

No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York Cadlerock Joint Venture, L.P. v. Simms (2025 NY Slip Op 04541), Appellate Division, Second Department Introduction...

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”

Date: Aug 7, 2025

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

Date: Aug 7, 2025

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

Date: Aug 7, 2025

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.

Date: Aug 7, 2025

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

Date: Aug 7, 2025

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 Does Not Extend Time to File

Date: Aug 7, 2025

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...

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 Cannot Save the Prosecution

Date: Aug 1, 2025

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 Cases

Date: Jul 31, 2025

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 (U.S. Bank N.A. v. 1702 Dean, LLC)

Date: Jul 31, 2025

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

Date: Jul 31, 2025

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. (2025 NY Slip Op 04470)

Date: Jul 31, 2025

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)

Date: Jul 31, 2025

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,...

Pillco v. 160 Dikeman St., LLC: Second Department Clarifies Admissibility of Mechanism-of-Injury Statements in Medical Records and Rejects a Per Se Requirement of Provider Testimony

Date: Jul 31, 2025

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

Date: Jul 31, 2025

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

Date: Jul 31, 2025

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

Date: Jul 26, 2025

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...

Erlinger Challenges Must Be Preserved, and Officer Responses to “What Are My Charges?” Are Not Interrogation: Commentary on People v. Emanuel (2025)

Date: Jul 26, 2025

Erlinger Challenges Must Be Preserved, and Officer Responses to “What Are My Charges?” Are Not Interrogation: Commentary on People v. Emanuel (2025) Case: People v. Emanuel, 2025 NY Slip Op 04354...

Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York

Date: Jul 26, 2025

Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York Introduction In People v. Brown (2025 NY...

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