New York Case Commentaries

Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks

Date: Feb 26, 2025

Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks Introduction The case of The People & c., Respondent, v. Divine Fredericks, Appellant (2025 N.Y. Slip...

Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings

Date: Feb 25, 2025

Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings Introduction In this landmark case, the Supreme Court of New York, Third Department, addressed a family...

Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing

Date: Feb 25, 2025

Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing Introduction This Judgment, issued by the Supreme Court of New York, Third Department,...

Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions

Date: Feb 23, 2025

Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions Introduction In the case of John Doe v. Educational Institute Oholei Torah and Central Yeshiva Tomchei...

New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales

Date: Feb 23, 2025

New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales Introduction This commentary examines the recent decision in County Acquisitions, LLC v. Katherine Lanser, 2025 N.Y....

Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C.

Date: Feb 23, 2025

Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C. Introduction The case of Kliger-Weiss Infosystems, Inc. v. Ruskin...

Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases

Date: Feb 23, 2025

Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases Introduction The case of Umar Farooq v. Uber USA, LLC, et...

New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice

Date: Feb 23, 2025

New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice Introduction The judgment titled “In the Matter of Applications for Extensions of Time (2025 N.Y. Slip Op....

Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests

Date: Feb 23, 2025

Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests Introduction In the case before the Supreme Court of New York, Second...

Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations

Date: Feb 23, 2025

Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations Introduction The judgment in John Berejka, etc. v. Huntington Medical Group, P.C.,...

Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims

Date: Feb 23, 2025

Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims Introduction The judgment in the case of 25-86 41st Street, LLC v. Brian Chong; Reich &...

Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability

Date: Feb 23, 2025

Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability Introduction The case of Mark Traub v. Basketball City New York LLC et al....

New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions

Date: Feb 23, 2025

New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions Introduction In the case of Deutsche Bank National Trust Company, etc., v. Luz Zak, et al., a dispute arose...

Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default

Date: Feb 23, 2025

Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default Introduction The case of Wilfred Rivera v. Waterview Towers, Inc. represents a significant development in...

The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases

Date: Feb 23, 2025

The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases Introduction The present Judgment in Trump Village Section 4, Inc. v....

Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law

Date: Feb 23, 2025

Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law Introduction This Judgment emanates from a CPLR article 78 proceeding in which the Village of Huntington Bay...

Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety

Date: Feb 23, 2025

Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety Introduction The case of In the Matter of Lissete Nunez, appellant-respondent, v. Brian A....

Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases

Date: Feb 23, 2025

Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases Introduction This commentary examines the recent decision in In the Matter of Charles E. Ball, Jr., respondent, v. Mark J....

Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children

Date: Feb 21, 2025

Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children Introduction In Matter of Christine EE....

State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration

Date: Feb 21, 2025

State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration Introduction In Clean Air Action Network of Glens Falls, Inc. v....