Assisted Living Facility Statutory Exclusivity: Clarifying Liability under Public Health Law Introduction In the case of Thomas C. Kingston, as Executor of the Estate of Marcella Kingston v. Tennyson...
Affirming the Weight of Eyewitness Identification and the Limits of Defense Preservation in New York Introduction The case of The People of the State of New York v. Indalecio Rodriguez (2025 N.Y....
Bauman v. Bauman: Cause-Specific Pleading of Limitations Defenses and the Bar on New Theories at Summary Judgment 1. Introduction Bauman v Bauman (2025 NY Slip Op 01449 [4th Dept Mar. 14, 2025]) is a...
Clarifying the Role of Prior Uncharged Acts and Hearsay Exceptions in Sexual Abuse Cases Introduction The case of The People of the State of New York, Respondent, v. Roger L. Ballard, Jr.,...
Establishing the Standard for Narrowly Tailored Involuntary Medication Treatment Plans Introduction The case of Kara Walawender, Unit Chief at the Central New York Psychiatric Center, Auburn...
Clarifying the Enforceability of Oral Settlement Agreements and the Scope of Legal Malpractice Claims Introduction This commentary examines the Supreme Court of New York, Fourth Department’s decision...
Involuntary Medication Orders: Treating Psychiatrist Testimony May Satisfy “Narrowly Tailored” Requirement Under Rivers v Katz 1. Introduction Matter: Matter of Walawender v Antonio T., 2025 NY Slip...
People v. Jones (4th Dept 2025): Mistaken-Identity Pursuit and Arrest Is Lawful When Officers Reasonably Believe the Suspect Is the Warrant Subject Under the Totality of the Circumstances 1....
Dersam v. Ontario Ins. Co.: Email “Documentary Evidence” Must Conclusively Prove Proof-of-Loss Delivery; Insureds May Plead Good-Faith Claim Without Separate Tort Bad Faith 1. Introduction In Dersam...
Mandating Specific Redactions and Enhanced Access: A New Precedent in FOIL and Public Officers Law Transparency Introduction The case of IN THE MATTER OF ARON LAW PLLC v. ROCHESTER CITY SCHOOL...
Establishing Due Process Rights in Correctional Misbehavior Hearings Introduction The Judgment in the case of Willie Bright v. Daniel F. Martuscell, III represents a significant development in the...
Reaffirming Summary Judgment Standards in Commercial Disputes: The Bauman Precedent Introduction In the case of Margaret P. Bauman, Plaintiff-Respondent, v. Dennis R. Bauman, Back Hills Farm Corp.,...
People v. Berry: Deference to Issuing Magistrate Upholds Confidential-Informant Search Warrants Where Affidavit Shows Personal Presence and Ongoing Narcotics Activity (and Limits...
Kingston v. Tennyson Ct.: Pleading Requirements for Article 28 (PHL §§ 2801-d, 2803-c) Claims Against Licensed Assisted Living Facilities 1. Introduction In Kingston v Tennyson Ct. (2025 NY Slip Op...
Pleading Survival for Pension-Benefit Recoupment Challenges; No Fiduciary/Attorney-Client Duty Owed by Plan Counsel Absent Specific Facts 1. Introduction In Crehan v Richardson (2025 NY Slip Op 01527...
McCudden v. Canisius Coll.: “Exclusively In‑Person” Specific-Promise Pleading Rule for COVID Tuition Refund Claims; Mandatory-Fee Claims May Proceed Where Services Are Inherently In-Person I....
Reinforcing Equitable Remedies: Reinstating Constructive Trust and Unilateral Mistake with Fraud Claims in Deed Reformation Disputes Introduction In the recent decision of the Supreme Court of New...
Probable Cause and the Role of Observational Testimony in Automobile Searches Introduction The case of The People of the State of New York v. Diquan Hall presents a significant development in the...
Mandate Rule on CPL 30.30 Remittal: Trial Courts Must Follow the Appellate Directive and Cannot Entertain New “No Valid Motion” Theories 1. Introduction People v Mitchell (2025 NY Slip Op 01456 [4th...
Probable Cause for a Tinted-Window Stop Post-Nektalov: Close-Range Inability to See the Driver as an Objective Basis Case: People v Hall, 2025 NY Slip Op 01457 (App Div, 4th Dept Mar. 14, 2025) 1....