Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert-Affidavit Standards on Summary Judgment Introduction In Williams v. Levine, 2025 NY Slip Op 02962, the...
Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1) I. Introduction In Weekes v. Tishman Technologies Corporation, 238...
“A Legal Nullity Without Leave” – Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals Introduction Raiola v. Roman...
“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10 Introduction People v. Wilson (2025 NY Slip Op 02940) arises from a modern...
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships Introduction Matter of Silda E.H. (Henderson), 238...
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds 1. Introduction Canty v. Burns (2025 NY Slip...
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes Introduction Background. In Atlasman v. Korol, the Appellate...
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker Introduction In Matter of Fenstermaker, 2025 NY Slip Op 02878, the Appellate...
Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025) 1. Introduction In Matter of Wohl v. Bruen, 238 A.D.3d 818 (2d Dep’t 2025), the...
Consent Modifications Do Not Moot Custody Appeals, and Nondispositional Family-Offense Findings Are Not Appealable as of Right 1. Introduction In Matter of A. DD. v B. EE. (2025 NY Slip Op 02826),...
Suspending Parenting Time Requires Substantial Evidence and Non-Delegable, Court-Set Visitation Parameters—With Needed Evaluations and (Typically) a Lincoln Hearing When a Child’s Aversion Lacks a...
People v. Marcantonio: Circumstantial Proof of Intent to Reenter a Dwelling Sustains Attempted First-Degree Burglary After a Shot is Fired at the Door Introduction In People v Marcantonio (2025 NY...
People v. Alvarez: Preservation of Lesser-Included-Offense Charge Claims Requires an Express Ruling—and Acquiescence Can Forfeit Appellate Review 1. Introduction In People v Alvarez (2025 NY Slip Op...
People v. Ubrich: Courts Must Conduct a Nondelegable “Minimal Inquiry” into Substitute-Counsel Requests and Replace Motion Counsel Who Undermines a Plea-Withdrawal Application 1. Introduction People...
Late “Supplemental” Expert Disclosure Is Precludable Absent Good Cause—Especially When It Adds a New Specialty After the Note of Issue Case: Schultz v Albany Med. Ctr. Hosp., 2025 NY Slip Op 02827...
Malinski v State of New York: No Permanent Injunction Against the State for Third-Party Drainage Alterations Absent Affirmative State Conduct or a Pleaded Special Duty 1. Introduction Case: Malinski...
Implied Permission Defeats Prescriptive Easement, While Easement by Estoppel Is Not Barred by the Statute of Frauds 1. Introduction Sardino v Scholet Family Irrevocable Trust (2025 NY Slip Op 02828...
SHU Exclusion Law Requires Enumerated-Act Findings for Any Written Segregated-Confinement Sanction Imposed on RMHTU Residents—even if Served in an RMHU Introduction In Matter of Walker v...
Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law Introduction County governments from eight regions (Onondaga, Nassau, Oneida, Rensselaer, Rockland, Dutchess,...
“Retention-of-Use” as a Badge of Fraud: Appellate Division Reinforces Summary Judgment Standards in Schiffman v. Affordable Shoes, Ltd. (2025) 1. Introduction Matter of Schiffman v. Affordable Shoes,...