Barker v. Gervera: (1) No CPLR 3211-to-3212 Conversion Without Adequate Notice (and Not Where Discovery Is Premature), and (2) A Constructive Trust Claim Is Not Barred by a Written Contract or the...
Unified Coverage for Interrelated Wrongful Acts: Redefining the “Related Wrongful Act” Principle Introduction In the case of Zurich American Insurance Company v. Giorgio Armani Corporation, et al....
Refining Corporate Fiduciary Duties: New Clarifications on Loyalty, Aiding & Abetting, and Tortious Interference Introduction In the recent decision of Young Adult Institute, Inc., et al. v. The...
New Precedent: Upholding Strict Accountability in Attorney Misconduct and Protective Order Violations Introduction The judgment in the matter of Robert A. Walters represents a significant step in...
Enforcing Rigid Timelines: A New Paradigm in Scheduling Orders for Actively Managed Appeals Introduction The judgment titled “In the Matter of Scheduling Orders and Applications for Extensions of...
Clarifying Fiduciary Obligations in Auction Consignment Accounting: A New Standard in Estate Administration Introduction The judgment in In the Matter of the Estate of Jack R. Friedman, Deceased...
Inconsistent Evidentiary Preclusion by the Workers’ Compensation Board Requires Reversal and Remittal in § 21 Presumption Death Claims Case: Matter of Hanson v General Elec. Co., 2025 NY Slip Op...
Assignees Bound by Bankruptcy Releases and Claim Preclusion: No Automatic-Stay Tolling for Non‑Estate Ownership Interests 1. Introduction Shanghai Pearls & Gems, Inc. v Paul (Appellate Division,...
RPAPL 861 Treble “Stumpage Value” Damages Are Punitive and Unrecoverable Against Municipalities 1. Introduction Matter of Rosbaugh v Town of Lodi (2025 NY Slip Op 01406) addresses a narrow but...
Establishing the Primacy of Actual Knowledge in Granting Late Notice of Claim in Municipal Liability Cases Introduction This commentary examines the recent decision rendered by the Supreme Court of...
Establishing the Reasonable Cause Standard: Facial Sufficiency of Misdemeanor Complaints in Aggravated Unlicensed Driving Cases Introduction In the recent decisions in People v. McKenzie Willis and...
Revisiting the Presumption of Compensability: New Criteria for Evidence Admissibility in Workers' Compensation Death Benefit Claims Introduction The present case, In the Matter of the Claim of Donna...
Pre-policy Tolling Agreements and 'No Prior Knowledge' Requirements: A New Precedent in Legal Malpractice Insurance Coverage Introduction In the case of Allied World Assurance Company (U.S.) Inc. v....
Establishing the Punitive Nature of Treble Damages under RPAPL 861 Introduction This commentary examines the Court of Appeals of New York’s decision in the case titled “In the Matter of Lewis B....
Extraordinary-Circumstances Custody Standing Does Not Create Nonparent Visitation Standing After Termination of Parental Rights 1. Introduction Matter of Candy II. v. Kandice HH. (Appellate Division,...
Extraordinary Circumstances as the Threshold for Custody Modifications: A Paradigm Shift in Child Custody Determinations Introduction The present judgment in Candy II. v. Kandice HH. et al....
Affirmation of Meaningful Representation: Establishing the Bounds on Vacatur Hearings under CPL 440.10 Introduction This commentary examines the recent decision in The People of the State of New...
Preclusive Boundaries Established: Res Judicata and Statutory Limitations in Fraudulent Conveyance Claims Introduction This Judgment arises from a dispute involving precious gemstone transactions...
Balancing Federal Preemption and State Mandates: The New Boundaries of Rental Car Insurance Coverage Introduction In the case of Second Child, et al. v. Edge Auto, Inc., et al. (2025 N.Y. Slip Op....
Reasonable Cause Facial Sufficiency for AUO 3rd: Summons Warning and Automatic Suspension Allegations, plus DMV Abstracts, Support “Knew or Had Reason to Know” in a Misdemeanor Complaint People v...