Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219 Introduction In Cole v. Triple M Excavating & Trucking LLC (2025 NYSlipOp 01994), the Appellate Division, Third...
Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments Introduction Reichenbach v. Jacin Investors Corp. (2025 NY Slip Op 02023) is a landmark decision of the Appellate...
Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90 Introduction The Appellate Division of the Supreme Court of New York, Third...
Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye Introduction Diop v. Gueye (2025 NYSlipOp 01992) addresses the equitable...
Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students Introduction Cuomo v. State of New York (2025 NYSlipOp 01991) arises from a wrongful-death lawsuit brought by...
Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA Introduction This commentary examines the Appellate Division’s decision in People v. Richardson (2025 NYSlipOp 01980),...
People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards Introduction In People v. Henry (2025 NYSlipOp 01978), the Appellate Division, Third Department, addressed...
Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law Introduction Mikesh v. County of Ulster, 2025 NYSlipOp 01987...
Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr Introduction People v. Warr (2025 NYSlipOp 01979) is a landmark Third Department decision...
Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1) Introduction In Hartrum v. Montefiore Hospital Housing Section II Inc. (2025 NYSlipOp 02008), the Appellate Division,...
Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses Introduction Town of Colonie v. Global Contracting & Painting, Inc. (2025 NYSlipOp...
People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases Introduction In People v Monk (2025 NYSlipOp 01976), the Appellate Division, Third...
Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin Introduction In People v. Franklin (2025 NYSlipOp 01975), the Appellate Division, Third Department,...
Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking Introduction Matter of North Shore Hematology-Oncology Assoc., P.C. v. New York...
Ensuring Fair Equitable Distribution: Trial Courts’ Obligation to Reopen Financial Proof Upon Demonstration of Good Cause in Heber v. Heber Introduction Heber v. Heber, 2025 NYSlipOp 01984 (App. Div....
Clarification of Delaware Derivative Demand Refusal Standard: Business Judgment Rule and Board Committee Independence Introduction In Elghanian-Halperin v. Dimon (2025 NYSlipOp 01907), the Appellate...
Automatic Impeachment Disclosure & Speedy Trial Compliance under CPL 245: Establishing Obligations in People v. Coley Introduction People v. Coley (2025 NYSlipOp 01945) is a landmark Second...
Establishing Standards for Modification of Custody Orders: Best Interests and Change in Circumstances in Matter of Miller v. Norton Introduction The matter of Matter of Miller v. Norton (2025...
Mandating Fair Hearing and Upholding Child’s Best Interests in Acknowledgment of Paternity Challenges Introduction Matter of Stephen B.J.B. v. Marcia N.S.C. (2025 NYSlipOp 01921) arises from related...
Clarifying Due Diligence Standards for CPL 245 Certificates of Compliance: People v. McMahon Introduction In People v. McMahon (2025 NYSlipOp 01951), the Appellate Division, Second Department,...