New Rule: Conflicting Expert Opinions on Standard of Care and Causation Create Triable Issues Precluding Summary Judgment in Medical Malpractice Actions Introduction Matney v. Boyle, 2025 NYSlipOp...
Negligence Liability for Domestic Animal Injuries: Overruling Bard v. Jahnke Introduction This commentary examines the landmark decision in Flanders v. Goodfellow (2025 NYSlipOp 02261), in which the...
Reaffirmation of the Rebuttable Automobile Presumption for Constructive Possession in People v. Smith Introduction People v. Smith (2025 NYSlipOp 02244) was decided by the Appellate Division, Third...
“Qualitative Substantiality” and the Broad Reach of Sales-Tax on Information Services: Commentary on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal, 2025 NY Slip Op 02262 Introduction On 17...
Foreseeable Intervening Negligence and State Duty to Maintain Intersection Sightlines Introduction In Hunt v. State of New York (2025 NYSlipOp 02251), the Appellate Division, Third Department,...
Clarifying DOL Enforcement: Timeliness, Due Process, and Inclusion of “Substantially Owned-Affiliated Entities” under New York’s Prevailing Wage Law Introduction Matter of National Building &...
Reaffirming Constructive‐Notice Standards in Negligent Supervision under the Child Victims Act Introduction Nellenback v. Madison County (2025 NYSlipOp 02263) presents a deeply tragic account of...
Enforcement vs. Contest: Strict Construction of In Terrorem Clauses in Trust Agreements Introduction Carlson v. Colangelo (2025 NYSlipOp 02264) arose from a dispute over the administration and...
Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4) Introduction Case: U.S. Bank Trust, N.A. v. Gruen, 2025 NYSlipOp 02235 Court: Appellate Division,...
Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures Introduction The Appellate Division, Second Department, in Matter of Mangal (2025...
Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham Introduction In Matter of Higginbotham, 2025 NY Slip Op 02203, the Appellate Division, Second...
Insurer’s Right to Subrogation Under the Dram Shop Act Introduction Drive New Jersey Insurance Company v. RT Hospitality Group, LLC, 2025 NYSlipOp 02188 (App. Div. 2d Dep’t Apr. 16, 2025) represents...
Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law Introduction In Cianciulli v. Urban Foundation/Engineering, LLC (2025...
Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses Introduction In 572 Walt Whitman Rd. Holdings, LLC v. Whitman Capital, LLC, 2025 NYSlipOp 02179 (App. Div....
Clarified Standards for Summary Judgment in Lieu of Complaint under CPLR 3213: Burden of Proof on Interest Payments and Documentary Evidence Requirements Introduction In Patel v. Edmund (2025...
Insurer’s Right to Deny Defense and Indemnification Absent “Grave Injury” under WCL §11(1) 1. Introduction This commentary examines the Appellate Division, Second Department’s decision in NGM...
Discretion in Allocating Assessment Stabilization Reserve Funds: Town of Riverhead v. County of Suffolk Introduction In Matter of Town of Riverhead v. County of Suffolk, 2025 NYSlipOp 02209 (2nd...
Fox v. State of New York (2025 NYSlipOp 02190): Enforcing Strict Jurisdictional Requirements under Court of Claims Act §11(b) and Discretionary Limits on Late Claims Introduction In Fox v. State of...
Clarifying the Special Duty Requirement in Municipal Negligence: McLain v. City of New York Introduction Geltzer v. City of New York (2025 NYSlipOp 02191) presents a collision of procedural and...
Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries Introduction In Katleski v. Cazenovia Golf Club, Inc. (2025 NYSlipOp 02178), the New...