Adequacy of an SCPA 2103 Auctioneer Accounting: Available Records and Credible Explanations Can Satisfy a Turnover/Discovery Order 1. Introduction Matter of Friedman (Appellate Division, Third...
Actual Knowledge and Lack of Prejudice Dominate Late-Notice Relief Under GML § 50-e(5), and Next of Kin Have Standing Without Prior Estate Appointment 1. Introduction In Matter of Cook v...
Clarifying the Sincerity Requirement: The New Standard for Religious Exemptions Amid Employment Vaccine Mandates Introduction This commentary examines the recent decision in In the Matter of the...
Affirmation of Discretionary Authority in Medical License Restoration Decisions Introduction The case In the Matter of Peter J. Corines, Appellant, v. NYS Department of Education Office of the...
The Imperative of Valid Consideration in Mortgage Formation and Insurable Interests: An In-Depth Analysis Introduction The case of Genesis Financial, Inc. v. Commonwealth Land Title Insurance Company...
Clarifying Insurable Interest and Imputed Fraud in Title Insurance: A New Precedent Introduction The case of 53 Spencer Realty, LLC v. Fidelity National Title Insurance Company (2025 N.Y. Slip Op....
Refined Standards for Summary Judgment and Vicarious Liability in Medical Malpractice Introduction This commentary examines the Supreme Court of New York, Second Department decision in the case of...
Clarifying the Inviolability of the Singular Award Threshold in No-Fault Insurance Disputes Introduction The case of American Transit Insurance Company v. Comfort Choice Chiropractic, P.C. presents a...
Demand-Based Accrual Principle in Recovery of School Taxes under Education Law §3203 Introduction The case of North Shore Central School District, respondent–appellant, v. Glen Cove City School...
Lien Law § 39-a Attorneys’ Fees Must Reflect Work to Secure Discharge of a Willfully Exaggerated Mechanic’s Lien (Not an Arbitrary Percentage) 1. Introduction Consumer Protection Restoration, LLC v...
Affirming the Corroborative Evidence Standard in Accomplice Testimony: Insights from People v. Silverstein Introduction The Judgment rendered in The People of the State of New York v. Kurt...
Clarifying Lien Law § 39-a: New Standards in Awarding Attorneys' Fees for Willful Exaggeration Claims Introduction In the recent decision of the Supreme Court of New York, Second Department (Consumer...
Clarifying Extensions of Time: New Precedents Under 22 NYCRR 1250 Introduction This commentary examines the recent Judgment issued by the Supreme Court of New York, Second Department, titled "In the...
Clarifying Enforcement Limits in Mechanic’s Lien Disputes: The Role of Stipulated Settlements and Unpleaded Cross-Claims Introduction The case of Consumer Protection Restoration, LLC, et al. v....
Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances Introduction The present case, In the Matter of Herbert G. Pitkowsky, involves a...
Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1 Introduction In the recent decision of Consumer Protection Restoration, LLC, et al. v. Hickory House...
Open-and-Visible Government Use Creates Constructive Notice, Enforcing an Unchained Easement Against a Subsequent Purchaser 1. Introduction In Incorporated Vil. of Freeport v People of State of New...
No Aggregation of Separate Master Arbitration Awards to Reach the $5,000 De Novo Threshold Under Insurance Law § 5106(c) Case: American Tr. Ins. Co. v Comfort Choice Chiropractic, P.C. (2025 NY Slip...
Education Law § 3203 Tax-Recovery Claims: Public-Interest Exception Removes Education Law § 3813(2-b), Three-Year CPLR 214(2) Applies, and Accrual Occurs Upon Demand and Refusal 1. Introduction In...
Unsubmitted Divorce Judgment Deemed Abandonment of Property Award—Mortgagee Cannot Rely on Unentered Inquest Allocation 1. Introduction Lewis v Reeves (2025 NY Slip Op 01362 [App Div 2d Dept Mar. 12,...