New York Case Commentaries

Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions

Date: May 22, 2025

Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions 1. Introduction Feeney v. Giannetti, 238 A.D.3d 991 (2d Dep’t 2025),...

Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act

Date: May 22, 2025

Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act 1. Introduction Parties & Background: Yaakov Rosenfeld (“Plaintiff”)...

Espinosa v. Attorney Grievance Committee (2025): Non-Retroactivity of Reciprocal Suspensions and Deference to Foreign Sanctions

Date: May 21, 2025

Espinosa v. Attorney Grievance Committee (2025): Non-Retroactivity of Reciprocal Suspensions and Deference to Foreign Sanctions 1. Introduction Matter of Espinosa (2025 NY Slip Op 03017) addresses...

Expanded Reciprocal Discipline and the Diligence Imperative – A Commentary on Matter of DeMaio (2025)

Date: May 21, 2025

Expanded Reciprocal Discipline and the Diligence Imperative – A Commentary on Matter of DeMaio (2025) 1. Introduction Matter of DeMaio, 2025 NY Slip Op 03016, is the First Department’s latest...

“One Request Is Enough” – The Immediate-Inquiry Rule for Pro-Se Demands after People v. Lewis (2025)

Date: May 21, 2025

“One Request Is Enough” – The Immediate-Inquiry Rule for Pro-Se Demands after People v. Lewis (2025) Introduction The New York Court of Appeals’ decision in People v. Lewis, 2025 NY Slip Op 03011,...

“Jurisdiction Yes, Standing No” – New York Re-Anchors the Internal Affairs Doctrine in Ezrasons, Inc. v. Rudd (2025)

Date: May 21, 2025

“Jurisdiction Yes, Standing No” – New York Re-Anchors the Internal Affairs Doctrine in Ezrasons, Inc. v. Rudd (2025) 1. Introduction In Ezrasons, Inc. v. Rudd, 2025 NY Slip Op 03008, the New York...

The “Holmes-Austin Rule”: Temporal Defects in an Indictment May Be Cured by Related Counts and Bills of Particulars

Date: May 21, 2025

The “Holmes-Austin Rule”: Temporal Defects in an Indictment May Be Cured by Related Counts and Bills of Particulars Introduction People v. Holmes-Austin (2025 NY Slip Op 03021) was decided by the...

No Blanket Mootness Exception for Permanency Hearing Appeals – A Commentary on Matter of Joshua J. (Tameka J.)

Date: May 21, 2025

No Blanket Mootness Exception for Permanency Hearing Appeals – A Commentary on Matter of Joshua J. (Tameka J.), 2025 NY Slip Op 03010 1. Introduction The New York Court of Appeals, in Matter of...

People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis

Date: May 16, 2025

People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis Introduction In People v. Cruz, 238 A.D.3d 1327 (3d...

Coverage-Advice Liability for Insurance Brokers: Special Relationship Turns on Reliance and Misstatements About Whether Coverage “Exists,” and Lost Profits May Be Recoverable in Tort

Date: May 16, 2025

Coverage-Advice Liability for Insurance Brokers: Special Relationship Turns on Reliance and Misstatements About Whether Coverage “Exists,” and Lost Profits May Be Recoverable in Tort Case: Marcellus...

People v. Coston: Baking Soda as Drug “Diluent/Dilutant/Adulterant” Under Penal Law § 220.50(1) and Proof by Circumstances Evincing Intent

Date: May 16, 2025

People v. Coston: Baking Soda as Drug “Diluent/Dilutant/Adulterant” Under Penal Law § 220.50(1) and Proof by Circumstances Evincing Intent Court: Appellate Division, Third Department Date: May 15,...

Recorded Deed Reservation as Repudiation: When Familial Permissive Use Becomes Hostile for Adverse Possession

Date: May 16, 2025

Recorded Deed Reservation as Repudiation: When Familial Permissive Use Becomes Hostile for Adverse Possession Case: Gordon v Rich, 2025 NY Slip Op 02976 (3d Dept May 15, 2025) Court: Appellate...

Arrigo v. DiNapoli — One-Year Limitations Period Governs Taxpayer Declaratory Actions Challenging Allegedly Illegal State Expenditures, and Late Joinder of Necessary Officeholders Requires Dismissal

Date: May 16, 2025

Arrigo v. DiNapoli: One-Year Statute of Limitations for Taxpayer Declaratory Actions Attacking Allegedly Illegal State Spending—and Late Joinder of Necessary Officeholders Bars the Entire Case 1....

People v. Henehan: Prior-Act Sexual Texts in Undercover Child-Rape Attempts May Be Admitted to Prove Intent, and Antommarchi Sidebar Presence Rights May Be Implicitly Waived

Date: May 16, 2025

People v. Henehan: Prior-Act Sexual Texts in Undercover Child-Rape Attempts May Be Admitted to Prove Intent, and Antommarchi Sidebar Presence Rights May Be Implicitly Waived 1. Introduction In People...

People v. Rose: Situational Coercion and Speculative Defense-Preparation Claims Do Not Justify Guilty-Plea Withdrawal (or a Hearing) Absent a Genuine Factual Dispute

Date: May 16, 2025

People v. Rose: Situational Coercion and Speculative Defense-Preparation Claims Do Not Justify Guilty-Plea Withdrawal (or a Hearing) Absent a Genuine Factual Dispute 1. Introduction In People v Rose...

Article 15 Service Retirement Requires a Bona Fide Termination: No “Paper Retirement” Without a Real Break in Employment

Date: May 16, 2025

Article 15 Service Retirement Requires a Bona Fide Termination: No “Paper Retirement” Without a Real Break in Employment 1. Introduction Matter of Vladyka v DiNapoli (2025 NY Slip Op 02979 [238 AD3d...

People v. Sherlock: Federal Child-Pornography Convictions Do Not Trigger SORA “Sexually Violent Offender” Status Under the Foreign Registration Clause

Date: May 16, 2025

People v. Sherlock: Federal Child-Pornography Convictions Do Not Trigger SORA “Sexually Violent Offender” Status Under the Foreign Registration Clause 1. Introduction In People v Sherlock (2025 NY...

Union Standing Beyond Active Membership & Retiree Grievance Exemption: The Precedential Effect of Chappaqua Congress of Teachers v. Board of Education (2025)

Date: May 15, 2025

Union Standing Beyond Active Membership & Retiree Grievance Exemption: The Precedential Effect of Chappaqua Congress of Teachers v. Board of Education (2025) 1. Introduction The Appellate Division,...

People v. Thomison (2025): Strengthening the “Basis-of-Knowledge” Requirement for Informant Tips and Re-limiting Intrusive Detentions Following Routine Traffic Stops

Date: May 15, 2025

People v. Thomison (2025): Strengthening the “Basis-of-Knowledge” Requirement for Informant Tips and Re-limiting Intrusive Detentions Following Routine Traffic Stops Introduction People v. Thomison,...

Notice of Pendency Insufficient to Upset Good-Faith Foreclosure Purchaser’s Title after Reversal – A Commentary on Yesmin v. Aliobaba, LLC (2025)

Date: May 15, 2025

“Lis Pendens versus Good-Faith Foreclosure Purchaser” – The New Rule from Yesmin v. Aliobaba, LLC 1. Introduction Yesmin v. Aliobaba, LLC, 2025 NY Slip Op 02964, presented the New York Appellate...