New York Case Commentaries

Clarifying “Diligent Efforts” in Permanent Neglect: Agency Need Not Rely on Foster-Parent Transportation; Offering Bus Tickets Suffices — Matter of Ayden G. (Nicky C.)

Date: Jul 26, 2025

Clarifying “Diligent Efforts” in Permanent Neglect: Agency Need Not Rely on Foster-Parent Transportation; Offering Bus Tickets Suffices — Matter of Ayden G. (Nicky C.) Introduction This commentary...

Derivative Standing via Testamentary Trust Devolution and Temporal Limits on Faithless Servant Disgorgement: Commentary on Owen v. Hurlbut (2025 NY Slip Op 04311)

Date: Jul 26, 2025

Derivative Standing via Testamentary Trust Devolution and Temporal Limits on Faithless Servant Disgorgement: Commentary on Owen v. Hurlbut (2025 NY Slip Op 04311) Introduction Owen v. Hurlbut is a...

“One Letter Is Not Due Diligence”: People v. Ernst Clarifies Discovery Due Diligence and the Limits of CPL 30.30 Tolling for “Pending” Motions

Date: Jul 26, 2025

“One Letter Is Not Due Diligence”: People v. Ernst Clarifies Discovery Due Diligence and the Limits of CPL 30.30 Tolling for “Pending” Motions Introduction People v. Ernst (2025 NY Slip Op 04329) is...

Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants

Date: Jul 24, 2025

Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants Introduction In OneWest...

“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction

Date: Jul 24, 2025

“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction Introduction Esposito v. Isaac (2025...

Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections — Commentary on S.E. v. Diocese of Brooklyn (2025 NY Slip Op 04228)

Date: Jul 24, 2025

Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections Introduction...

No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly

Date: Jul 24, 2025

No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly Introduction In Matter of...

No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements: Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op 04223)

Date: Jul 24, 2025

No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op...

Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Commentary on Novegil-Peralta v. Rettig (2025 NY Slip Op 04255)

Date: Jul 24, 2025

Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Novegil-Peralta v. Rettig (2025 NY Slip Op 04255) Court: Appellate Division of the Supreme Court,...

CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute

Date: Jul 24, 2025

CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute Introduction In Ellis v....

Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253)

Date: Jul 24, 2025

Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253) Introduction This...

Under FAPA, a foreclosure judgment is not “enforced” until the auction concludes: Second Department applies retroactivity and time-bars suit despite judgment of foreclosure and sale

Date: Jul 24, 2025

Under FAPA, a foreclosure judgment is not “enforced” until the auction concludes: Second Department applies retroactivity and time-bars suit despite judgment of foreclosure and sale Introduction...

Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Date: Jul 17, 2025

Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception Introduction In Matter of Santos...

Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Date: Jul 17, 2025

Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs Introduction This commentary analyzes the Appellate...

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Date: Jul 17, 2025

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds Introduction In Angel v. Strulovich...

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

Date: Jul 17, 2025

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service Case: PNMAC Mortgage Opportunity Fund Investors, LLC v....

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

Date: Jul 17, 2025

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.) Introduction In...

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Date: Jul 17, 2025

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court Introduction Matter of...

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Date: Jul 17, 2025

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records...

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

Date: Jul 17, 2025

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties Introduction In Angel v....

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