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Available, Unused Safety Devices Create Triable Issues Under Labor Law § 240(1) in Roof‑Hatch Falls; Conclusory Motions to Strike Affirmative Defenses Rejected Case: Blachowicz v. City of New York,...
GBL § 349, Article 36‑A, and Lien Law Article 3‑A Do Not Create an Independent Tort Duty for Contractors: Second Department Refines Pleading Boundaries in Home-Renovation Disputes Case: Kovalenko v....
When the Accident Itself Is in Dispute: Second Department Clarifies CPLR 4404(a) and Endorses Jury Instructions Allowing Non‑Occurrence Findings Introduction In Krohn v. Schultz Ford Lincoln, Inc.,...
Matter of Brody: Disbarment by Consent with Restitution Convertible to a Civil Judgment under Judiciary Law § 90(6-a) Introduction In Matter of Brody, 2025 NY Slip Op 05079 (Appellate Division,...
Consent Discipline for Neglect and Communication Failures: Second Department Affirms One‑Year Suspension and Underscores Bankruptcy Reporting Duties Matter of Mulhearn, 2025 NY Slip Op 05086 (App....
Misdemeanor Tax Fraud as a “Serious Crime” Meriting a Prospective Six‑Month Suspension: Matter of Ortega Court: Appellate Division of the Supreme Court, Second Department (Per Curiam) Decision Date:...
Only the CBA’s Named Parties May Demand Arbitration: Representative’s Signature Alone Does Not Confer Party Status Introduction In Matter of Village of Walden v. Teamsters Local Union No. 445, the...
Meikle v. Medcare, LLC: Permanent Disability Allegations Open HIV, Mental Health, and Substance-Use Records to Discovery, With Mandatory Public Health Law § 2785(3) Protections Introduction In Meikle...
People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required Introduction In People v. Reaves, 2025 NY Slip Op 05107 (App Div,...
Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure Introduction In Wilmington Savings Fund Society, FSB v. Loubriel, 2025...
No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing Introduction In 938 St....
When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting...
Prevailing-Wage “Flagger” Misclassification Suits May Proceed as Class Actions in New York; Federal “Fail‑Safe” Objections Do Not Bar Certification Under CPLR 901(a) Introduction In McMillian v....
"Continuation" Triggers New York’s 2020 Anti‑SLAPP Amendments: First Department Holds Post‑Amendment Motions (Including Reargument) Bring Pre‑2020 Cases Within §§ 70‑a, 76‑a and CPLR 3211(g)...
Cross-Examination That Elicits Corroborative Medical Evidence Does Not Constitute Ineffective Assistance; Demeanor and Consistent Forensic Interviews Can Corroborate Child Hearsay Under FCA §...
TROs Create Presumptive Probable Cause and 2020 Anti‑SLAPP Amendments Are Not Retroactive Commentary on GLD3, LLC v. Albra, 2025 NY Slip Op 04881 (2d Dept. Sept. 10, 2025) Introduction The Appellate...
Anonymity Without Gag Orders: Second Department Clarifies Limits on Speech Restraints and Pleading Particularity for Multimedia Defamation Introduction In Doe v. Eliyas (2025 NY Slip Op 04876), the...
Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed Introduction In Rendon v. White...