Thin Risk Screens Are Not Enough: Third Department Affirms Family Court’s Authority to Demand a Thorough Sex Offender Evaluation and Treatment Before Reunification, Despite Agency Neutrality...
18 NYCRR 518.5 and 519.5."> Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment Introduction In Garden of Eden Home, LLC,...
240(1), with analysis of ladder-collapse presumptions, sole proximate cause defense, and Labor Law § 200 supervisory control."> First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the...
County Lines Matter: Third Department Holds Different County DAs Are Not the Same “Party” for Criminal Collateral Estoppel Introduction In The People of the State of New York v. William Kent, 2025...
Storm-in-Progress Does Not Extinguish Structural Sidewalk Defect Claims; Municipality Shielded by Prior Written Notice While Abutting Landowners Face Special-Use Exposure for Driveway Aprons...
Unfounded Abuse Allegations Do Not Defeat Grandparent Visitation: Third Department Clarifies Standing and Best-Interests Under DRL § 72 Introduction In Dianne SS. v. Jamie TT., 2025 N.Y. Slip Op....
No Vouching, Full Cross-Examination: Third Department Orders New Trial and Severance Where Investigator Credibility Opinions and Cross-Examination Limits Skewed the Jury’s Core Credibility...
Custodial Gatekeeping as a Material Change: Third Department Holds that Refusal to Share Information and Flex Parenting Time Justifies Modification Introduction In In the Matter of Michelle EE. v....
Ramirez Is Not a Constitutional Floor: First Department Upholds Fully Masked Voir Dire and Reaffirms Licensing as a Proviso in Weapon Possession Cases Introduction In The People of the State of New...
Third Department Clarifies: Internal Hospital Policies Do Not Define the Standard of Care in Fall-Risk Cases; Expert Disputes on 12‑Hour Reassessments and Assisted‑Fall Causation Preclude Summary...
Constitutional Minimum, Not Perfection: Minor Deviations from Inventory-Search Policy Do Not Invalidate a Lawful Impound Search Introduction In The People of the State of New York v. Brandon...
Service Of Objections Must Be Made On Counsel: Third Department Declares Noncompliant Family Court Orders Void Where Prejudice Is Shown Introduction In In the Matter of Lea R. Andersen v. Christopher...
Clarifying the Standards for Vacatur Motions Under CPLR 5015(a): The Imperative of a Detailed and Credible Excuse Introduction This commentary examines the recent decision in Kenneth R. Adams v. 161...
Establishing Jurisdictional Defects and Tolling the Statute of Limitations in CPLR Article 78 Proceedings Introduction The case, In the Matter of Jennifer Coden v. Town of Huntington, represents a...
Affirmation of Informed Appeal Waivers and Discretionary Review of CPL 440.10 Motions in New York DWI Cases Introduction In the case of The People of the State of New York, Respondent, v. Robert...
Affirmation of Derivative Severe Abuse Findings and Limitations on Reunification Efforts Under Family Court Act §1039-b Introduction This judgment, rendered by the Supreme Court of New York, Second...
Premature Summary Judgment and the Imperative of Complete Discovery in Labor Law Injury Cases Introduction The case of Michael Magistro v. New York City Housing Authority (2025 N.Y. Slip Op. 852)...
Retroactive Application of the Fraud Exception Standard in Rent Deregulation Cases Introduction This judgment, rendered by the Supreme Court of New York, Second Department on February 13, 2025,...
Clarifying Employer Liability: New Precedents on Negligent Entrustment and Respondeat Superior in Personal Injury Litigation Introduction The case of Syed Shah, et al. v. Runway Towing Corp....
Establishing the Causal Connection Threshold in Workers’ Compensation Claims: Insights from Angel A. Tudor v. Whitehall Central School District Introduction The case of Angel A. Tudor v. Whitehall...