“Furtherance” Under CPL 722.23(2)(c)(ii) Requires More Than Mere Display When the Charged Offense Is Weapon Possession 1. Introduction People v. Neyshaliz M. V. (2026 NY Slip Op 04581 [4th Dept July...
People v. Wright: Tarasoff-Style “Public Peril” Disclosures Do Not Authorize Later Trial Testimony; Physician–Patient Privilege Reattaches Once Exigency Ends Court: Appellate Division, Fourth...
People v. Bentley: Orders of Protection Must State a CPL 530.13-Compliant Expiration Date and May Not Exceed Eight Years Beyond the Maximum Prison Term Expiration 1. Introduction In People v Bentley...
CPLR 213-c Extends the Limitations Period Without Creating Penal Law Civil Claims; “Physically Helpless” May Include Conscious Incapacity to Communicate Nonconsent 1. Introduction In Gianna T. D. v...
Edwards v. Singer — Sequelae of Known Injuries Do Not Establish Mutual Mistake to Void a Broad Personal-Injury Release on a CPLR 3211(a)(5) Motion 1. Introduction In Edwards v Singer (2026 NY Slip Op...
Summary Judgment on a Personal Guaranty Requires Proof of the Specific “Guaranteed Obligations” in a Revenue Purchase Agreement Case: EBF Holdings, LLC v Defiant Arms, L.L.C. (2026 NY Slip Op 04563,...
“Along” Is Not “Within”: Highway Law § 349-e Does Not Plainly Alienate Humboldt Parkway Parkland, and Green Amendment Claims May Proceed Based on Ongoing Expressway Operations I. Introduction East...
Minimal Inquiry Requires a Fair Opportunity to Be Heard Before Denying Substitute Counsel Introduction In People v Cooper (2026 NY Slip Op 04561 [1st Dept July 23, 2026]), the Appellate Division,...
Post-Roberts J-51 Deregulations: Totality-of-Circumstances Fraud Can Be Resolved on Summary Judgment; Pre-Roberts Requires Trial Where Intent Is Disputed Case: Najera-Ordonez v. 260 Partners L.P.,...
Matter of Lemoine: Reciprocal Disbarment and “Venal Intent” for Misuse of Escrowed Client/Third-Party Funds Court: Appellate Division of the Supreme Court, New York, First Department (Per Curiam)...
Denemark v New Chapter Capital, Inc.: Litigation Funding Is a Usurious Loan When Repayment Is Effectively Guaranteed (Security Interest, Escrow Controls, and “Trigger” Guaranties) 1. Introduction In...
Home Improvement Contracts: Noncompliance with GBL § 771 Not Per Se Unenforceable; Written Change-Order Clauses May Be Waived by Conduct; Owner Credits Must Offset Extra Costs 1. Introduction P.E....
Tax Regulation Challenges Are Unripe Before a Notice of Deficiency: Ripeness, Administrative Review, and Retroactivity Due Process in New York Franchise Tax Apportionment 1. Introduction Matter of...
People v. Dacosta: A Vacated Plea Extinguishes Its Appeal Waiver; Police-Controlled Buys Can Supply Probable Cause Without a Darden Hearing 1. Introduction In People v Dacosta (2026 NY Slip Op 04532...
Strategic Use of Uncharged Molineux Evidence and a Narrow Molineux Instruction Can Defeat Ineffective-Assistance Claims (People v Chauhan) 1. Introduction In People v Chauhan (2026 NY Slip Op 04531...
Contract Clauses that Eliminate All Judicial and Nonjudicial Review Are Void as Against Public Policy 1. Introduction Hochhauser v Urban Off. Architecture, PLLC (2026 NY Slip Op 04491 [2d Dept 2026])...
Municipal Bid Specifications May Require DOL-Approved Apprenticeships With Graduation-Rate Thresholds for High-Value Public Works Without Preemption 1. Introduction In Matter of Peckham Rd. Corp. v....
Lusk v. McNamee: Contemporaneous Deed–Contract–Note Read as One; Extrinsic Emails Resolve Ambiguity and Prior Holdover Notice Can Satisfy Ejectment Notice-to-Quit Case: Lusk v McNamee, 2026 NY Slip...
Violation Petitions Must Allege Post–Order Conduct; Consent Orders of Protection Are Not Modifiable Under Family Ct Act § 844 Absent a Dispositional Hearing Case: Matter of King v. King, 2026 NY Slip...
RPAPL 1304 Strict-Compliance Requires the Statutory Notice Language in Effect When the Foreclosure Is Commenced 1. Introduction Case: Bank of Am., N.A. v Thomas, 2026 NY Slip Op 04485 (App Div, 2d...