New York Case Commentaries

“The Actual-Mailing Rule” & Pre-Mailing RPAPL 1306 Filings: A Commentary on Tri-State III, LLC v. Litkowski (2025)

Date: Jun 19, 2025

“The Actual-Mailing Rule” & Validity of Pre-Mailing RPAPL 1306 Filings: An In-Depth Commentary on Tri-State III, LLC v. Litkowski (2025) Introduction Tri-State III, LLC v. Litkowski, 2025 NY Slip Op...

Matter of Martinez v. Toole: Isolated Incidents Insufficient for Harassment Findings & Refined Standards for Relocation-Based Custody Modifications

Date: Jun 19, 2025

Matter of Martinez v. Toole: Isolated Incidents Insufficient for Harassment Findings & Refined Standards for Relocation-Based Custody Modifications 1. Introduction Matter of Martinez v. Toole (2025...

Misperceived Criminal Records and Employer Liability: Commentary on Matter of Janitronics, Inc. v. NYS Division of Human Rights

Date: Jun 19, 2025

Misperceived Criminal Records and Employer Liability: A Detailed Commentary on Matter of Janitronics, Inc. v. New York State Division of Human Rights (2025) 1. Introduction Matter of Janitronics,...

The “Reasonably Reliable and Relevant” Standard for Vacancy Surveys & Expanded Rent-Reduction Powers under the ETPA

Date: Jun 19, 2025

The “Reasonably Reliable and Relevant” Standard for Vacancy Surveys & Expanded Rent-Reduction Powers under the ETPA Introduction Matter of Hudson Valley Property Owners Association Inc. v. City of...

Commentary on US Bank N.A. v. 927 E. 86th Residence Corp. (2025): Re-affirming the Six-Year Statute of Limitations on Mortgage Installments and the Court’s Discretion to Cure Procedural Irregularities

Date: Jun 19, 2025

US Bank N.A. v. 927 E. 86th Residence Corp. (2025) – The Appellate Division Clarifies the Temporal Scope of Recoverable Mortgage Installments and Endorses Judicial Flexibility under CPLR 2001 1....

“Beyond Sovereign Immunity: Supreme Court Jurisdiction Over the State as Garnishee Clarified in Matter of Doran Construction Corp. v. New York State Insurance Fund”

Date: Jun 19, 2025

Beyond Sovereign Immunity: Supreme Court Jurisdiction Over the State as Garnishee Clarified in Matter of Doran Construction Corp. v. New York State Insurance Fund Introduction The Appellate Division,...

Tesiero v. Castor: The Third Department Requires Comprehensive, Chronological Medical Proof from Moving Defendants in “Serious-Injury” Motions

Date: Jun 19, 2025

Tesiero v. Castor: The Third Department Requires Comprehensive, Chronological Medical Proof from Moving Defendants in “Serious-Injury” Motions 1. Introduction In Tesiero v. Castor, 2025 NY Slip Op...

Affirming the Commissioner’s Power to Declare Non-Equivalent Non-Public Schools: A Commentary on Parents for Educational & Religious Liberty in Schools v. Young (2025)

Date: Jun 19, 2025

Affirming the Commissioner’s Power to Declare Non-Equivalent Non-Public Schools: Parents for Educational & Religious Liberty in Schools v. Young (2025) Introduction The New York Court of Appeals’...

Non-Delegable Owner Duties and Factual Disputes over Ladder Use: Cabrera v. Provident Alpine Partners, L.P.

Date: Jun 19, 2025

Non-Delegable Owner Duties and Factual Disputes over Ladder Use: An Exhaustive Commentary on Cabrera v. Provident Alpine Partners, L.P. (2025) 1. Introduction Background. Luis Cabrera, a construction...

“Recorded-Agreement” Requirement for Juvenile Restitution – A Commentary on Matter of Juan Z. (2025)

Date: Jun 19, 2025

“Recorded-Agreement” Requirement for Juvenile Restitution: A Detailed Commentary on Matter of Juan Z., 2025 NY Slip Op 03674 1. Introduction In Matter of Juan Z., the Appellate Division, Third...

People v. T.P. (2025) – Counsel’s Affirmative Duty to Quell Prosecutorial Misstatements that Strike at the Core of a Justification Defense

Date: Jun 18, 2025

People v. T.P. (2025): Elevating the Standard for Effective Assistance—Defense Counsel Must Object to Prosecutorial Summation Misstatements that Undermine a Justification Defense 1. Introduction...

People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the DVSJA

Date: Jun 18, 2025

People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the Domestic Violence Survivors Justice Act 1. Introduction In People v. Brenda WW. (2025 NY Slip Op...

Bail as a “Condition of Release” under CPL 510.10 (4)(t): Commentary on People ex rel. Welch v. Maginley-Liddie

Date: Jun 18, 2025

Bail as a “Condition of Release” under CPL 510.10 (4)(t) Comprehensive Commentary on People ex rel. Welch v. Maginley-Liddie (2025) 1. Introduction On 17 June 2025 the New York Court of Appeals...

Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a)

Date: Jun 18, 2025

Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a) 1. Introduction People ex...

Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025)

Date: Jun 18, 2025

Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025) Introduction On 17 June 2025 the Appellate Division, First Department, issued a per-curiam opinion in...

First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties

Date: Jun 13, 2025

First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties Introduction Matter of Peterkin v. New York State...

“Reapplication as Bar to Impossibility” – The Precedent Set in Ithaca Montessori School v. Pfeffer (2025)

Date: Jun 13, 2025

“Reapplication as Bar to Impossibility” – A Commentary on Ithaca Montessori School v. Pfeffer, 2025 NY Slip Op 03618 1. Introduction The Appellate Division, Third Department’s decision in Ithaca...

People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof

Date: Jun 13, 2025

People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof Introduction In People v. Williams, 2025 NY Slip...

Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption

Date: Jun 13, 2025

Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption 1. Introduction In Matter of Verizon N.Y. Inc. v. New York State...

Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes

Date: Jun 13, 2025

Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes Introduction In Schott v. Lucatelli (2025 NY Slip Op 03616) the...