New York Case Commentaries

Disqualifying Faction Counsel from Representing the Entity in Control Disputes; Injunction Undertakings Must Be Tied to Non‑Speculative Damages

Date: Oct 17, 2025

Disqualifying Faction Counsel from Representing the Entity in Control Disputes; Injunction Undertakings Must Be Tied to Non‑Speculative Damages Introduction In Congregation Erech Shai Bais Yosef,...

Second Department Confirms Retroactive Reach of FAPA: Voluntary Discontinuance Cannot De‑Accelerate or Reset the Mortgage Foreclosure Limitations Period

Date: Oct 17, 2025

Second Department Confirms Retroactive Reach of FAPA: Voluntary Discontinuance Cannot De‑Accelerate or Reset the Mortgage Foreclosure Limitations Period Introduction In GITSIT Solutions, LLC v....

CVA Revival Upheld; Negligent Supervision and IIED Claims Against Institutions May Proceed While Vicarious Liability for Sexual Assault Is Dismissed: Georgiou v. St. Irene Monastery

Date: Oct 17, 2025

CVA Revival Upheld; Negligent Supervision and IIED Claims Against Institutions May Proceed While Vicarious Liability for Sexual Assault Is Dismissed: Georgiou v. St. Irene Monastery Introduction In...

Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance — Makransky v. Makransky (2d Dep’t 2025)

Date: Oct 17, 2025

Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance —...

Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas

Date: Oct 17, 2025

Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas Introduction In Onewest Bank FSB v. Thomas, 2025 NY...

Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases: Commentary on Harper v. Buffalo City School District

Date: Oct 13, 2025

Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases Commentary on Harper v. Buffalo City School District, 2025 NY Slip Op 05595 (4th Dept Oct. 10, 2025)...

Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records

Date: Oct 13, 2025

Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records Introduction In Matter of Cynthia M., 2025 NY Slip...

People v. Clea: Fourth Department Limits Penal Law § 265.09(2) Firearm Enhancement to the Indicted Predicate Class B Felony and Requires a Jury Finding of Display of a Loaded, Operable Weapon

Date: Oct 13, 2025

People v. Clea: Limiting Penal Law § 265.09(2) to the Indicted Predicate Class B Felony with a Proven Display of a Loaded, Operable Weapon Introduction In People v. Clea, 2025 NY Slip Op 05590 (4th...

First Department Clarifies: Cooperative Boards Are Not Suable Entities in New York

Date: Oct 10, 2025

First Department Clarifies: Cooperative Boards Are Not Suable Entities in New York Introduction In Tahari v. 860 Fifth Avenue Corporation (2025 NY Slip Op 05584), the Appellate Division, First...

Herrera v. Tempo Carpentry LLC: Strict Waiver of Absent Witnesses in Expedited Workers’ Compensation Hearings Without a Specific Good-Cause Showing

Date: Oct 10, 2025

Herrera v. Tempo Carpentry LLC: Strict Waiver of Absent Witnesses in Expedited Workers’ Compensation Hearings Without a Specific Good-Cause Showing Introduction In Matter of Herrera v. Tempo...

Spada v. Keeler Construction: Causation for Occupational Hearing Loss Must Be Anchored in Audiometric Pattern and Address Alternative Noise Exposures

Date: Oct 10, 2025

Spada v. Keeler Construction: Causation for Occupational Hearing Loss Must Be Anchored in Audiometric Pattern and Address Alternative Noise Exposures Court: Appellate Division of the Supreme Court,...

Plea “Satisfaction” Clauses Require Defendant to Prove the Predicate Burglary; No Sua Sponte DVSJA Hearing Absent Request — Commentary on People v. Tenace

Date: Oct 10, 2025

Plea “Satisfaction” Clauses Require Defendant to Prove the Predicate Burglary; No Sua Sponte DVSJA Hearing Absent Request Commentary on People v. Tenace, 2025 NY Slip Op 05552 (App Div 3d Dept Oct....

No Civil Contempt Without an Unequivocal Mandate: Clarifying Valuation Orders, Attachments, Joinder, and Appendix Adequacy in Baran v. Mechel

Date: Oct 10, 2025

No Civil Contempt Without an Unequivocal Mandate: Clarifying Valuation Orders, Attachments, Joinder, and Appendix Adequacy in Baran v. Mechel Introduction This commentary examines the Appellate...

Survival Clauses and Post-Reconveyance Closings: Limits on the Merger Doctrine and Voluntary Payment Defense at the CPLR 3211 Stage

Date: Oct 10, 2025

Survival Clauses and Post-Reconveyance Closings: Limits on the Merger Doctrine and Voluntary Payment Defense at the CPLR 3211 Stage Introduction In Brooklyn Tabernacle v. Thor 180 Livingston, LLC,...

Plea in Satisfaction Bars §1983 Fabricated‑Evidence and Malicious Prosecution Claims; CPLR 4401 Judgment After Mistrial Permitted — Dawoodi v. City of New York

Date: Oct 10, 2025

Plea in Satisfaction Bars §1983 Fabricated‑Evidence and Malicious Prosecution Claims; CPLR 4401 Judgment After Mistrial Permitted — Dawoodi v. City of New York Introduction This commentary examines...

Equipment-Supplying Contractor’s Lack of Site Control Defeats Labor Law § 200 and § 241(6) Claims but Not Common-Law Negligence Under Espinal — DeMarco v. C.A.C. Industries, Inc.

Date: Oct 10, 2025

Equipment-Supplying Contractor’s Lack of Site Control Defeats Labor Law § 200 and § 241(6) Claims but Not Common-Law Negligence Under Espinal — DeMarco v. C.A.C. Industries, Inc. Introduction In...

Pleading in the Alternative Preserved at the 3211 Stage Absent a Conceded Contract; Veil-Piercing Requires Specific Wrongdoing: Commentary on Jobble, Inc. v. CF Alerts Corp.

Date: Oct 10, 2025

Pleading in the Alternative Preserved at the 3211 Stage Absent a Conceded Contract; Veil-Piercing Requires Specific Wrongdoing: Commentary on Jobble, Inc. v. CF Alerts Corp. Court: Appellate Division...

Kane v. Mount Pleasant: Second Department Broadly Applies CPLR 306-b’s “Interest of Justice” Standard to Excuse Multi‑Year Service Delay Where Defendants Had Immediate Notice and No Prejudice

Date: Oct 10, 2025

Kane v. Mount Pleasant: Second Department Broadly Applies CPLR 306-b’s “Interest of Justice” Standard to Excuse Multi‑Year Service Delay Where Defendants Had Immediate Notice and No Prejudice...

Preconstruction Assurances by Building Officials Can Create a Pleaded Special Duty: Kitt v. Incorporated Village of Babylon

Date: Oct 10, 2025

Preconstruction Assurances by Building Officials Can Create a Pleaded Special Duty: Kitt v. Incorporated Village of Babylon Court: Appellate Division, Second Department, New York Date: October 8,...

Prenuptial Forum Selection Clauses Do Not Supply Jurisdiction for Non-Agreement Claims; Estate-Centered Claims May Be Dismissed on Forum Non Conveniens: Commentary on Lesavoy v. Brady

Date: Oct 10, 2025

Prenuptial Forum Selection Clauses Do Not Supply Jurisdiction for Non-Agreement Claims; Estate-Centered Claims May Be Dismissed on Forum Non Conveniens Comprehensive Commentary on Lesavoy v. Brady,...

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