Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records Introduction The Judgment in "In the Matter of Charles Lane, appellant, v. County of Suffolk, et al." represents...
Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent Introduction The case of Incorporated Village of Freeport v. People of State of New York, et al. involves a complex...
New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions Introduction The case of LaSalle Bank National Association, etc., v. Mohammed Jaynal Abedin, et al. (2025...
New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem Introduction This commentary reviews the landmark decision in HSBC Bank USA, etc., v. Alfredo Lem...
Title Insurance Coverage Ends Upon Loss of Insurable Interest After Foreclosure; Insured Ratifies Agent Misrepresentations Supporting Rescission 1. Introduction In 53 Spencer Realty, LLC v Fidelity...
Failure-to-Diagnose Allegations Do Not Support a Separate Lack-of-Informed-Consent Claim in New York Malpractice Actions 1. Introduction Danziger v Mayer (2025 NY Slip Op 01354 [2d Dept Mar. 12,...
Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362 Introduction This commentary examines the recent decision in the consolidated case...
Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief Introduction The case of Simon. Kinsella, et al. v. Long Island Power Authority, et al. presents a complex...
Establishing the Threshold for Medical Neglect: The Imminent Danger Standard in Parental Care Introduction This commentary examines the recent Supreme Court of New York, Second Department decision in...
Establishing a Reasonable Excuse Standard for Vacating Default Orders in Personal Injury Cases Introduction In the case of Bayron Chay Mo v. Ultra Dimension Place, LLC, et al., the Supreme Court of...
Establishing Standards for Dismissal of Duplicative Claims and Piercing the Corporate Veil Introduction The Judgment in Lyle Crawford, etc., et al., respondents, vs. Integrated Asset Management...
Unpleaded Cross-Claims Cannot Be Resurrected by Motion Practice Absent Pleading or Express Reservation in a Settlement Stipulation 1. Introduction Consumer Protection Restoration, LLC v Hickory House...
Foreclosure Party-Status Rule: A Conveying Mortgagor Lacks Standing (Absent Deficiency Claim), While Substitution of the Current Owner May Be Granted Despite Delay Where No Prejudice and Meritorious...
Extraordinary Personal Hardship as Mitigation for Escrow Misappropriation: Public Censure Where Misconduct Is Non‑Venal, Cured, and No Client Harm Is Shown (Matter of Pitkowsky, 2025 NY Slip Op...
Veil Piercing Is Not a Standalone Cause of Action; Contract-Based Home Improvement Disputes Bar Duplicative Tort and Quasi-Contract Claims 1. Introduction Crawford v Integrated Asset Mgt. Servs., LLC...
Broad “Common Nexus” Related-Claims Rule: Multi-Claimant Harassment Suits Deemed First Made When the Earliest Related Claim Was Noticed 1. Introduction In Zurich Am. Ins. Co. v Giorgio Armani Corp....
Young Adult Inst., Inc. v. Corporate Source, Inc. (1st Dep’t 2025): Limiting Employee Duty-of-Loyalty Liability for Sharing a Counterparty’s Own Information; Narrowing Remedies; and Allowing...
Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases Introduction The case of People of the State of New York v. Fabian Coke (2025 N.Y. Slip Op. 1297)...
Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims Introduction The case of In the Matter of Uni-Rty Corporation et al. v. New York Guangdong...
Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials Introduction This commentary examines the Supreme Court of New York, Third Department’s decision in The People of the State of...