Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025) Introduction The Appellate...
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified 1. Introduction Conte v. Tri-State Technologies,...
Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (App. Div. 2d Dep’t 2025) Introduction Cagua v. Bushwick Holdings, LLC...
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power...
“From Notice to Action” – The Donaldson Standard on Engineering Delay, Suicide-Prevention Measures and the Bridge Owner’s Duty of Reasonable Care Introduction Donaldson v. Port Authority of New York...
Reaffirming the Mandatory Nature of the Abatement Ab Initio Doctrine in New York: Appellate Division Maintains that Only the Court of Appeals or the Legislature May Alter the Rule 1. Introduction The...
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025) Introduction The Fourth Department’s 2025 decision in People v. Nathan, 238 A.D.3d 1516, tackles a...
People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel Introduction People v. Vanderbilt, 238...
People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses Introduction In People v. Dozier, 238 A.D.3d 1523...
The Immutable-Conviction-Date Rule for Automatic Disbarment Commentary on Matter of Trubitsky, 2025 NY Slip Op 02649 (1st Dept.) Introduction Matter of Trubitsky presents a straightforward but...
“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline Introduction Matter of Stafford (2025 NY Slip Op 02648) is a First Department...
Misstep Falls Are Not “Accidents,” and Two-Year Continuous Light-Duty Assignment Sets the Incapacity Baseline for Performance-of-Duty Disability 1. Introduction Matter of Cuppek v DiNapoli (2025 NY...
Opiate Overdose in a Child’s Presence Supports Neglect and Derivative Neglect; Non-Testimony Permits the Strongest Negative Inference; Clear-and-Convincing Proof Establishes Willful...
Carrier Must Timely Seek Extensions for Cross-Examination Depositions; Preclusion Improper Where Subpoenas Were Issued Knowing Nonappearance and No Extension Was Requested 1. Introduction Matter of...
“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea A Commentary on People v. Sabb, 238 A.D.3d 1212 (3d Dep’t 2025) 1. Introduction People v. Sabb arises...
People v. Hooper: Broken Permanent Tooth as “Serious Physical Injury” and the Required Lesser-Included Charge When Intent/Severity Is in Dispute 1. Introduction In People v Hooper (2025 NY Slip Op...
Untreated, Dangerous Mental Health Conditions as “Extraordinary Circumstances” Justifying Nonparent Custody and Suspension of Parental Visitation 1. Introduction In Matter of Tamara GG. v Danielle...
Hernandez v. Port Authority (2025): Expanding Labor Law §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites Introduction In Hernandez v....
Restoration-Cost-Only Damages Charge Where No Diminution Proof Is Offered in Real-Property Injury Claims Introduction In Fusco v Town of Colonie (2025 NY Slip Op 02629 [238 AD3d 1226] [3d Dept May 1,...
Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations Introduction Keller v. Keller (2025 NY Slip Op 02581) is a significant decision from the...