Family-Offense Attempted Assault Findings Stand Even Without a New Order of Protection; Custody and Waiver-of-Counsel Rulings Sustained Where the Record Provides a Sound and Substantial Basis...
Municipal Power to Reform City-Funded Rental Assistance: Social Services Law Does Not Field-Preempt Local “Shelter Supplement” Legislation, and “The City of New York” (Not City DSS) Is the Social...
People v. Akins: When the 12-Hour Element of First-Degree Kidnapping Is Disputed, Unlawful Imprisonment in the Second Degree Must Be Charged as a Lesser Included Offense 1. Introduction In People v...
CPL 160.55 in Civil Litigation: No Implied Waiver by Filing Suit, and No Automatic Sealing of Court Records 1. Introduction In Kokoska v Joe Tahan's Furniture Liquidation Ctrs., Inc. (2025 NY Slip Op...
Conditional “Intent to Accelerate” Letters and Unsigned Loan Modifications: Fact Issues Defeat Summary Judgment on Foreclosure Timeliness 1. Introduction In Ajax Mtge. Loan Trust 2021-C, Mtge.-Backed...
Matter of Piraino v. Piraino: Overtime Included in CSSA Income; Minimum-Wage Imputation and Above-Cap Support Sustained 1. Introduction Matter of Piraino v Piraino (Appellate Division, Third...
Relocation-Driven Custody Modification: A Parent’s Unwillingness to Foster the Other Parent’s Relationship Can Tip Best-Interests in Favor of the Relocating Parent 1. Introduction Matter of Mark JJ....
Public-Policy Vacatur of Arbitration Awards Requires a Well-Defined, Explicit Legal Conflict—General Constitutional/Statutory Norms and Agency Rules Are Insufficient Case: Matter of Spence (New York...
Exhaustion of CBA Remedies Applies to Non‑Signatory Residency Directors; No Tortious Interference Without an Existing Contract Commentary on Golia v. Vieira, 2025 NY Slip Op 04087 (App Div, 2d Dept)...
Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025) Introduction In Orrego v. Knipfing (2025 NY...
Interest-of-Justice Extensions After Defective Foreclosure Service: Second Department Confirms CPLR 306-b Relief Absent Judgment and Reaffirms Necessity of Joining the Borrower/Fee Owner Introduction...
Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC Introduction This...
Notice-of-Claim Prerequisite Extends to Economic Torts Against Village Officials Acting Within Scope; Donnelly Act and Tortious Interference Pleading Standards Reaffirmed Commentary on Dibble v....
Anti‑SLAPP Is No Shield to Reciprocal Attorney Discipline; Non‑Relitigation and Rule 8.2(a) Reaffirmed — Matter of Jacobs (2025 NY Slip Op 04093) Introduction Matter of Jacobs is a reciprocal...
Recasting Claims Cannot Evade Res Judicata: Dismissal With Prejudice Bars Later Money‑Had‑and‑Received, Conversion, and Interference Theories; No Fiduciary Duty Owed by Opposing Escrow Agent Case:...
Broad Indictment Language Permits Jury Instruction on Both Definitions of “Serious Physical Injury” Under Penal Law § 120.02 1. Introduction People v Stowe (2025 NY Slip Op 04053 [240 AD3d 946] [3d...
“As Is” + Merger + Specific Reliance Disclaimers Bar Post-Closing Contract and Fraud Claims in High-End Townhouse Sale Case: J. Carey Smith 2019 Irrevocable Trust v 11 W. 12 Realty LLC, 2025 NY Slip...
Taxpayer Standing Narrowed for Cannabis-Law Preemption Claims; Home-Rule Opt-Out Challenges Deemed Unripe Absent a Live Municipal Dispute Introduction In Matter of Buenos Hill Inc. v Saratoga Springs...
Surrogate’s Court as the Proper Forum for Adoption-Based Abandonment; Dismissal of Parallel Family Court Custody Petitions Used as De Facto Termination Proceedings 1. Introduction Matter of Jason TT....
People v. Butler: A Canine Sniff of a Person’s Body Is a De Bour Level-Four Search Requiring Probable Cause 1. Introduction In People v Butler (2025 NY Slip Op 04052), the Appellate Division, Third...