Standing by Endorsed Note Attached to Complaint; Mortgage-Only Assignment Irrelevant; Substitution Requires Admissible Proof of Post-Commencement Assignment 1. Introduction Bank of Am., N.A. v....
Retention of Federal Jurisdiction Over a Settlement Is Not Exclusive, and CPLR 9802 Strictly Time-Bars Village Contract Claims 1. Introduction Town & Country Adult Living, Inc. v Village/Town of...
Standing Established by Annexing a Blank-Endorsed Note; Non-Owner-Occupancy Rider Renders RPAPL 1304/1306 Inapplicable 1. Introduction In Wells Fargo Bank, N.A. v Dorlouis (2026 NY Slip Op 04449 [2d...
Punitive Damages Require “High Degree of Moral Culpability” in CVA Negligent Hiring/Supervision Claims; Non-Employer School District Not Liable for Hiring/Supervising Another Entity’s Employee 1....
EAJA Applies to Town Court Clerks When Performing Judicial Filing Functions; Verbal Directives Do Not Substantially Justify Rejection of Filings Introduction Case: Matter of Moore v Town of Colonie,...
FOIL Compliance by Pointing to Public Online Records; No Fees Without Litigation-Caused Disclosure; Declaratory Relief Barred/Unripe 1. Introduction In Matter of Aron Law, PLLC v Town of Hempstead...
Extracurricular Costs Are Not Child-Support “Add-Ons” Absent an Articulated Deviation; Insurance Proceeds from a Totaled Marital Vehicle Must Be Equitably Distributed 1. Introduction Sawas v...
Preclusion for Undisclosed Nonparty Witness Affidavits and Liability Under Labor Law § 240(1) for Falls From Improvised Elevated Platforms 1. Introduction Intriago v 18th Highline Assoc., LLC (2026...
CPLR Article 53 Recognition Motions Function as Summary Judgment and Cannot Be Made Before Issue Is Joined Case: Shenzhen Qianhai Shengshi Lijin Inv. Enter. (Limited Partnership) v. Xu, 2026 NY Slip...
No-Fault Compound Interest Must Exclude Periods of Claimant-Caused Unreasonable Delay Under 11 NYCRR 65-3.9(d) Case: Matter of 563 Grand Med., P.C. v. Country-Wide Ins. Co. Court: Appellate Division...
Frontario v. White Plains Pub. Sch. Dist.: Workers’ Compensation Exclusivity Requires Proof of Coverage/Benefits, and School-District Negligence Turns on Pre- vs. Post-Disclosure Notice 1....
Sanctions for Refusing to Finalize an Enforced Settlement: No Separate Sanctions Hearing Required Under 22 NYCRR 130-1.1 When Parties Had Notice and an Opportunity to Oppose 1. Introduction Guliyev v...
Enforceability of PCUSA Express Property Trust Under Neutral Principles and New York Religious Corporations Law Introduction In Presbytery of Long Is. v. Central Presbyt. Church, 2026 NY Slip Op...
Foreign-Country Money Judgments in New York: Article 53 Recognition Cannot Be Granted by “Cross-Motion” Before Issue Is Joined; Attachment Requires a Recognized Judgment and Concrete Proof of...
Adult Survivors Act Does Not Expand Employer Tort Liability: Respondeat Superior and Workers’ Compensation Exclusivity Limit Post-18 Tort Claims, While Executive Law § 296 Hostile-Work-Environment...
Constructive Possession Plus Penal Law § 265.15(4) Presumption Can Prove CPW 2°; a Single Belated Disclosure Does Not Invalidate a COC Without a Due-Diligence Failure 1. Introduction People v Harrell...
Faxed DME Orders and OMIG Recoupment: DME Policy Guidelines as Non‑SAPA Interpretive Directives and the Enforceable “Wet Signature” Requirement (Audit-Period Compliance Controls) 1. Introduction...
Custodial-Parent Kidnapping in New York: Evasive Out-of-State Secreting Supports “Abduction,” Defeats Penal Law § 135.30, and Establishes Territorial Jurisdiction When Intent Manifests In-State 1....
No “Diligent Efforts” Duty in Social Services Law § 384-b Abandonment Proceedings; Valid Pro Se Waiver Requires a Searching Inquiry Case: Matter of Wanye D. (Quincy D.), 2026 NY Slip Op 04244 (App....
“Crime Victim” Under Executive Law § 632-a Is Not Limited to Physically Injured Victims: Psychological Harm and “Subject of the Felonious Conduct” Suffice 1. Introduction Matter of New York State...