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  • Commentaries
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New York Case Commentaries

No Termination Without Meaningful Representation: Effective Assistance of Counsel in New York Termination of Parental Rights Proceedings After Matter of Parker J. (Beth F.)

No Termination Without Meaningful Representation: Effective Assistance of Counsel in New York Termination of Parental Rights Proceedings After Matter of Parker J. (Beth F.)

Date: Nov 29, 2025
No Termination Without Meaningful Representation: Effective Assistance of Counsel in New York Termination of Parental Rights Proceedings After Matter of Parker J. (Beth F.) I. Introduction The New...
Extraordinary Workplace Exposure and the “Prevalence” Framework: COVID‑19 as a Compensable Accidental Injury in New York Workers’ Compensation Law

Extraordinary Workplace Exposure and the “Prevalence” Framework: COVID‑19 as a Compensable Accidental Injury in New York Workers’ Compensation Law

Date: Nov 29, 2025
Extraordinary Workplace Exposure and the “Prevalence” Framework: COVID‑19 as a Compensable Accidental Injury in New York Workers’ Compensation Law I. Introduction In Matter of Aungst v. Family...
Matter of McLaurin v. NYC Transit Authority: Reaffirming the “Normal Work Environment” Standard for Psychological COVID‑19 Stress Claims

Matter of McLaurin v. NYC Transit Authority: Reaffirming the “Normal Work Environment” Standard for Psychological COVID‑19 Stress Claims

Date: Nov 29, 2025
Matter of McLaurin v. NYC Transit Authority: Reaffirming the “Normal Work Environment” Standard for Psychological COVID‑19 Stress Claims I. Introduction Matter of McLaurin v. New York City Transit...
Facial Constitutional Challenges, Appeal Waivers, and New York’s Firearm Licensing Scheme After Bruen: Commentary on People v. Johnson

Facial Constitutional Challenges, Appeal Waivers, and New York’s Firearm Licensing Scheme After Bruen: Commentary on People v. Johnson

Date: Nov 29, 2025
Facial Constitutional Challenges, Appeal Waivers, and New York’s Firearm Licensing Scheme After Bruen: Commentary on People v. Johnson I. Introduction People v. Johnson, 2025 NY Slip Op 06528 (Nov....
Limiting No‑Fault Eligibility Denials to Foundational Licensing Violations: Commentary on Government Employees Ins. Co. v. Mayzenberg

Limiting No‑Fault Eligibility Denials to Foundational Licensing Violations: Commentary on Government Employees Ins. Co. v. Mayzenberg

Date: Nov 29, 2025
Limiting No‑Fault Eligibility Denials to Foundational Licensing Violations: Commentary on Government Employees Ins. Co. v. Mayzenberg I. Introduction The New York Court of Appeals’ decision in...
Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions

Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions

Date: Nov 29, 2025
Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions I. Introduction In Matter of First United Methodist Church in Flushing v....
Liberal Amendment and Defamation by Implication in Professional Transitions: Commentary on Armbruster Capital Mgt., Inc. v. Barrett

Liberal Amendment and Defamation by Implication in Professional Transitions: Commentary on Armbruster Capital Mgt., Inc. v. Barrett

Date: Nov 23, 2025
Liberal Amendment and Defamation by Implication in Professional Transitions: Commentary on Armbruster Capital Management, Inc. v. Barrett I. Introduction The Fourth Department’s decision in...
Caruso v. St. Elizabeth Medical Center: Expert Affidavits, Timely Specialist Consultation, and Hospital/Vicarious Liability at the Summary Judgment Stage

Caruso v. St. Elizabeth Medical Center: Expert Affidavits, Timely Specialist Consultation, and Hospital/Vicarious Liability at the Summary Judgment Stage

Date: Nov 23, 2025
Caruso v. St. Elizabeth Medical Center: Expert Affidavits, Timely Specialist Consultation, and Hospital/Vicarious Liability at the Summary Judgment Stage I. Introduction The Appellate Division,...
Retroactive Application and Constitutionality of New York’s Foreclosure Abuse Prevention Act: Commentary on Deutsche Bank Natl. Trust Co. v. Testa

Retroactive Application and Constitutionality of New York’s Foreclosure Abuse Prevention Act: Commentary on Deutsche Bank Natl. Trust Co. v. Testa

Date: Nov 23, 2025
Retroactive Application and Constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA): Commentary on Deutsche Bank Natl. Trust Co. v. Testa, 2025 NY Slip Op 06418 (4th Dept) I....
No Vested Right in Dilatory Foreclosure Prosecutions: Retroactive Application of FAPA and CPLR 205-a in MCLP Asset Co., Inc. v. Zaveri

No Vested Right in Dilatory Foreclosure Prosecutions: Retroactive Application of FAPA and CPLR 205-a in MCLP Asset Co., Inc. v. Zaveri

Date: Nov 23, 2025
No Vested Right in Dilatory Foreclosure Prosecutions: Retroactive Application of FAPA and CPLR 205-a in MCLP Asset Co., Inc. v. Zaveri I. Introduction MCLP Asset Co., Inc. v. Zaveri, 2025 NY Slip Op...
Maloney v. DeRoberts: Expert Disclosure, Witness Management, and Negligent Spoliation in New York Medical Malpractice Trials

Maloney v. DeRoberts: Expert Disclosure, Witness Management, and Negligent Spoliation in New York Medical Malpractice Trials

Date: Nov 23, 2025
Maloney v. DeRoberts: Expert Disclosure, Witness Management, and Negligent Spoliation in New York Medical Malpractice Trials I. Introduction The Appellate Division, Fourth Department’s decision in...
Murphy v. Kaleida Health: Discoverability of ICU Staffing Records and Limits on Plaintiff Letters Undermining Arons Authorizations

Murphy v. Kaleida Health: Discoverability of ICU Staffing Records and Limits on Plaintiff Letters Undermining Arons Authorizations

Date: Nov 23, 2025
Murphy v. Kaleida Health: Discoverability of ICU Staffing Records and Limits on Plaintiff Letters Undermining Arons Authorizations I. Introduction The Appellate Division, Fourth Department’s decision...
People v. Anderson: Appeal Waivers and Privacy Expectations in Terminated Short‑Term Rentals

People v. Anderson: Appeal Waivers and Privacy Expectations in Terminated Short‑Term Rentals

Date: Nov 23, 2025
People v. Anderson (2025): Appeal Waivers and Privacy Expectations in Terminated Short‑Term Rentals 1. Introduction People v. Anderson, 2025 NY Slip Op 06416, decided by the Appellate Division,...
People v. Belstadt: Preindictment Delay, Independent Autopsy Experts, and Forensic Re‑Examination in Cold‑Case Homicides

People v. Belstadt: Preindictment Delay, Independent Autopsy Experts, and Forensic Re‑Examination in Cold‑Case Homicides

Date: Nov 23, 2025
People v. Belstadt: Preindictment Delay, Independent Autopsy Experts, and Forensic Re‑Examination in Cold‑Case Homicides Introduction People v. Belstadt, 2025 NY Slip Op 06460 (4th Dept Nov. 21,...
People v. Brown (2025): Enforcing the Right to In‑Person Sentencing and Harmless-Error Review of Overbroad Cell Phone Warrants

People v. Brown (2025): Enforcing the Right to In‑Person Sentencing and Harmless-Error Review of Overbroad Cell Phone Warrants

Date: Nov 23, 2025
People v. Brown (2025): Enforcing the Right to In‑Person Sentencing and Harmless-Error Review of Overbroad Cell Phone Warrants Introduction People v. Brown, 2025 NY Slip Op 06409 (4th Dept), is a...
Preservation of Erlinger-Based Sentencing Challenges and COVID-Era Public-Trial Claims in People v. Elmore

Preservation of Erlinger-Based Sentencing Challenges and COVID-Era Public-Trial Claims in People v. Elmore

Date: Nov 23, 2025
Preservation of Erlinger-Based Sentencing Challenges and COVID-Era Public-Trial Claims in People v. Elmore (2025) I. Introduction The Appellate Division, Fourth Department’s decision in People v....
People v Hunt: Limiting Lesser-Included False-Reporting Charges to Non-Speculative Non‑Fire Emergencies

People v Hunt: Limiting Lesser-Included False-Reporting Charges to Non-Speculative Non‑Fire Emergencies

Date: Nov 23, 2025
People v Hunt: Limiting Lesser-Included False-Reporting Charges to Non-Speculative Non‑Fire Emergencies I. Introduction In People v Hunt, 2025 NY Slip Op 06450 (4th Dept Nov. 21, 2025), the Appellate...
People v Young: Context-Based Proof of Duration and Holistic Discovery Due Diligence in New York Child Sex Offense Prosecutions

People v Young: Context-Based Proof of Duration and Holistic Discovery Due Diligence in New York Child Sex Offense Prosecutions

Date: Nov 23, 2025
People v Young (2025): Context-Based Proof of the Three‑Month Duration Element and Holistic Due‑Diligence Review of Discovery Compliance I. Introduction In People v Young, 2025 NY Slip Op 06452 (4th...
Exclusive Judicial Apportionment of Litigation Costs and the Consent Threshold for High-Value Third-Party Settlements: Commentary on Matter of Rorapaugh v. New Penn Motor Express LLC

Exclusive Judicial Apportionment of Litigation Costs and the Consent Threshold for High-Value Third-Party Settlements: Commentary on Matter of Rorapaugh v. New Penn Motor Express LLC

Date: Nov 22, 2025
Exclusive Judicial Apportionment of Litigation Costs and the Consent Threshold for High-Value Third-Party Settlements: Commentary on Matter of Rorapaugh v. New Penn Motor Express LLC I. Introduction...
Matter of White: Waiver of Reciprocal‑Discipline Defenses and Strict Limits on Resignation While Charges Are Pending

Matter of White: Waiver of Reciprocal‑Discipline Defenses and Strict Limits on Resignation While Charges Are Pending

Date: Nov 22, 2025
Matter of White: Waiver of Reciprocal‑Discipline Defenses and Strict Limits on Resignation While Charges Are Pending 1. Introduction The decision in Matter of White, 2025 NY Slip Op 06383 (App Div 3d...
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