Reputation and Employability Alone Do Not Justify Pseudonymous Article 78 Litigation or Sealing Absent “Unusual” or “Compelling” Circumstances 1. Introduction Matter of Smith v New York State Educ....
Binding Shock Incarceration Orders Under Penal Law § 60.04(7)(a) Despite Concurrent Non-Disqualifying Non-Drug Convictions 1. Introduction Matter of Adams v Martuscello (2026 NY Slip Op 04542) is a...
Buy/Sell “Net-Out” Oil Transactions Treated as Inventory Exchanges (Not Business Receipts) for Article 9-A BAP; Tribunal May Apply Step-Transaction to Prevent Distorted Receipts Factors 1....
No Parcel-Specific Findings Required to Include Property in a State Historic District; Owner Objections Limit National Register Action to an Eligibility Submission 1. Introduction Matter of Sunoco,...
Matter of Uzamere: A Relationship That Began During Representation Cannot Be “Pre‑Existing” for Later Domestic-Relations Appointments 1. Introduction Matter of Uzamere (2026 NY Slip Op 04511 [App...
Agency-Consent Jurisdiction Bar in New York Agency Adoptions: No Best-Interests Hearing After Consent Is Withdrawn I. Introduction Matter of Aurora A. (Leigh A.--Giuseppe A.) (2026 NY Slip Op 04500)...
Pre-Answer Pleading in New York: Alter-Ego Liability and Unjust Enrichment May Proceed, While Duplicative Tort/Accounting and Unsupported Constructive Trust Claims Are Dismissed 1. Introduction In...
Nonprejudicial Motion-Paper Defects Must Not Eclipse Merits Under CPLR 2001; Alter-Ego and Unjust-Enrichment Claims Survive, but Constructive-Trust and Contract-Duplicative Claims Do Not 1....
People v. Wilson (3d Dept 2026): Fleeing a Crashed, Unoccupied Vehicle Constitutes Abandonment Defeating Fourth Amendment Standing; Conditional Pro Se Requests Are Not “Unequivocal” 1. Introduction...
Clear Final Release Bars Contractor’s Retainage Claim; Bald Forgery Allegations and Unilateral Mistake Do Not Create Triable Issues Introduction In Benowski v Track Dr., LLC (2026 NY Slip Op 04466...
Brady Materiality of Suppressed Police Civil Litigation and CCRB Histories When a Confession Case Turns on Detective Credibility Case: People v White, 2026 NY Slip Op 04475 (App Div, 1st Dept July...
People v. Buchanan: Distinct Second-Degree Weapon Possession Counts May Support Consecutive Sentences, Yet Appellate Courts May Reduce to Concurrent in the Interest of Justice Case: People v....
People v. Mosley: CPL 440.30(1-a) Permits Renewed DNA Testing When Materially Advanced Methods Could Yield Materially Different Results 1. Introduction People v Mosley (2026 NY Slip Op 04454 [3d Dept...
People v. Williams: Limited Molineux “Background” Evidence to Explain Police Pursuit; Omitted Gomberg Inquiry Reversible Only Upon Actual, Operative Conflict 1. Introduction In People v Williams...
Attempted First-Degree Arson: Bringing and Lighting a Molotov on a Wooden Porch, with Nearby Burn Marks and Gasoline Spill, Meets the “Dangerously Near” Standard 1. Introduction In People v. Fajardo...
Misnaming the Contractually Required Additional Insured Is a Material Breach; Conditional Indemnification May Be Granted Despite Potential Indemnitee Negligence 1. Introduction Newland v County Waste...
Police “Business Records” and the Unidentified Declarant: Foundation Required Under CPLR 4518 for Hearsay Statements in Investigation Reports 1. Introduction People v Mawhiney (2026 NY Slip Op 04460...
Private, Uncirculated Social-Media Messages Lack “Terroristic Threat” Intent; Direct Threats to a Media Outlet May Qualify 1. Introduction In People v. Rainey (2026 NY Slip Op 04451 [3d Dept July 16,...
Mandatory Sexually Violent Offender Designation for Enumerated SORA Offenses and Required Weighing of Mitigation in Upward-Departure Decisions (People v. Occhipinti) 1. Introduction In People v...
Lax v. City Univ. of N.Y.: Pleading Rule—Union Liability for Hostile Work Environment and Retaliation Requires a Duty-of-Fair-Representation Breach Tied to Union Activity 1. Introduction Lax v City...