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  • Commentaries
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New York Case Commentaries

Exhaustion of CBA Remedies Applies to Non‑Signatory Residency Directors; No Tortious Interference Without an Existing Contract — Commentary on Golia v. Vieira (2025 NY Slip Op 04087)

Exhaustion of CBA Remedies Applies to Non‑Signatory Residency Directors; No Tortious Interference Without an Existing Contract — Commentary on Golia v. Vieira (2025 NY Slip Op 04087)

Date: Jul 10, 2025
Exhaustion of CBA Remedies Applies to Non‑Signatory Residency Directors; No Tortious Interference Without an Existing Contract Commentary on Golia v. Vieira, 2025 NY Slip Op 04087 (App Div, 2d Dept)...
Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025)

Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025)

Date: Jul 10, 2025
Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025) Introduction In Orrego v. Knipfing (2025 NY...
CPLR 306-b “Interest of Justice” Extensions After Defective Foreclosure Service; Borrower/Fee Owner’s Jurisdictional Absence Requires Dismissal of Remaining Parties

CPLR 306-b “Interest of Justice” Extensions After Defective Foreclosure Service; Borrower/Fee Owner’s Jurisdictional Absence Requires Dismissal of Remaining Parties

Date: Jul 10, 2025
Interest-of-Justice Extensions After Defective Foreclosure Service: Second Department Confirms CPLR 306-b Relief Absent Judgment and Reaffirms Necessity of Joining the Borrower/Fee Owner Introduction...
Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC

Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC

Date: Jul 10, 2025
Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC Introduction This...
Notice-of-Claim Prerequisite Extends to Economic Torts Against Village Officials Acting Within Scope; Donnelly Act and Tortious Interference Pleading Standards Reaffirmed — Commentary on Dibble v. Schroedel (2025 NY Slip Op 04083)

Notice-of-Claim Prerequisite Extends to Economic Torts Against Village Officials Acting Within Scope; Donnelly Act and Tortious Interference Pleading Standards Reaffirmed — Commentary on Dibble v. Schroedel (2025 NY Slip Op 04083)

Date: Jul 10, 2025
Notice-of-Claim Prerequisite Extends to Economic Torts Against Village Officials Acting Within Scope; Donnelly Act and Tortious Interference Pleading Standards Reaffirmed Commentary on Dibble v....
Anti‑SLAPP Is No Shield to Reciprocal Attorney Discipline; Non‑Relitigation and Rule 8.2(a) Reaffirmed — Matter of Jacobs (2025 NY Slip Op 04093)

Anti‑SLAPP Is No Shield to Reciprocal Attorney Discipline; Non‑Relitigation and Rule 8.2(a) Reaffirmed — Matter of Jacobs (2025 NY Slip Op 04093)

Date: Jul 10, 2025
Anti‑SLAPP Is No Shield to Reciprocal Attorney Discipline; Non‑Relitigation and Rule 8.2(a) Reaffirmed — Matter of Jacobs (2025 NY Slip Op 04093) Introduction Matter of Jacobs is a reciprocal...
Recasting Claims Cannot Evade Res Judicata: Dismissal With Prejudice Bars Later Money‑Had‑and‑Received, Conversion, and Interference Theories; No Fiduciary Duty Owed by Opposing Escrow Agent

Recasting Claims Cannot Evade Res Judicata: Dismissal With Prejudice Bars Later Money‑Had‑and‑Received, Conversion, and Interference Theories; No Fiduciary Duty Owed by Opposing Escrow Agent

Date: Jul 10, 2025
Recasting Claims Cannot Evade Res Judicata: Dismissal With Prejudice Bars Later Money‑Had‑and‑Received, Conversion, and Interference Theories; No Fiduciary Duty Owed by Opposing Escrow Agent Case:...
Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission

Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission

Date: Jul 3, 2025
Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission Introduction In Brennan v. MacDonald...
People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions

People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions

Date: Jul 3, 2025
People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions Introduction People v. Patierno (2025 NY Slip Op...
People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators

People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators

Date: Jul 3, 2025
People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators Introduction This commentary analyzes the Appellate Division, Second...
Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)

Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)

Date: Jul 3, 2025
Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)...
Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential malpractice—warrants a multi‑year suspension (Matter of Blyer, 2025 NY Slip Op 04005)

Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential malpractice—warrants a multi‑year suspension (Matter of Blyer, 2025 NY Slip Op 04005)

Date: Jul 3, 2025
Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential...
No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33

No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33

Date: Jul 3, 2025
No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33 Introduction In Matter of Raymond E. (2025 NY...
People v. Martin: Forward-Looking Suppression Rule for Pre-MRTA Searches

People v. Martin: Forward-Looking Suppression Rule for Pre-MRTA Searches

Date: Jun 27, 2025
People v. Martin: Forward-Looking Suppression Rule for Pre-MRTA Searches Introduction In People v. Martin, 2025 NY Slip Op 03842 (App. Div. 3d Dep’t June 26, 2025), the Third Department confronted a...
The Jakobovitz Rule: Affixing Undated Allonges to a Copy of a Lost Note Does Not Confer Standing in New York Foreclosure Actions

The Jakobovitz Rule: Affixing Undated Allonges to a Copy of a Lost Note Does Not Confer Standing in New York Foreclosure Actions

Date: Jun 27, 2025
The Jakobovitz Rule: Affixing Undated Allonges to a Copy of a Lost Note Does Not Confer Standing in New York Foreclosure Actions 1. Introduction 1900 Capital Trust II v. Jakobovitz (2025 NY Slip Op...
“Fischer Suspension Doctrine” – Immediate Interim Suspension for Repeated Non-Compliance and Unsubstantiated Hardship Claims in Attorney Disciplinary Investigations

“Fischer Suspension Doctrine” – Immediate Interim Suspension for Repeated Non-Compliance and Unsubstantiated Hardship Claims in Attorney Disciplinary Investigations

Date: Jun 27, 2025
“Fischer Suspension Doctrine” – Immediate Interim Suspension for Repeated Non-Compliance and Unsubstantiated Hardship Claims in Attorney Disciplinary Investigations Introduction Matter of Fischer...
The “Democratic-Integrity” Disbarment Standard:  Matter of Chesebro (2025) and Its Enduring Legacy

The “Democratic-Integrity” Disbarment Standard: Matter of Chesebro (2025) and Its Enduring Legacy

Date: Jun 27, 2025
The “Democratic-Integrity” Disbarment Standard Matter of Chesebro (2025 NY Slip Op 03855) Introduction Matter of Chesebro is the first reported New York disciplinary opinion to identify an attorney’s...
No Waiver of the Cost-Recovery Prohibition for Storm-Outage Credits: Central Hudson Gas & Electric Corp. v. N.Y. Public Service Commission

No Waiver of the Cost-Recovery Prohibition for Storm-Outage Credits: Central Hudson Gas & Electric Corp. v. N.Y. Public Service Commission

Date: Jun 27, 2025
No Waiver of the Cost-Recovery Prohibition for Storm-Outage Credits: Central Hudson Gas & Electric Corp. v. New York Public Service Commission 1. Introduction In Matter of Central Hudson Gas &...

        Garcia v. Fed LI, LLC: 
        Clarifying Ladder-Fall Liability under Labor Law §240(1) 
        and Rejecting Retroactive Incorporation-by-Reference Indemnity

Garcia v. Fed LI, LLC: Clarifying Ladder-Fall Liability under Labor Law §240(1) and Rejecting Retroactive Incorporation-by-Reference Indemnity

Date: Jun 26, 2025
Garcia v. Fed LI, LLC (2025): A Dual Precedent on Ladder Safety and Post-Accident Indemnity Clauses Introduction In Garcia v. Fed LI, LLC, 2025 NY Slip Op 03795, the New York Appellate Division,...
People v. Cooper (2025): Post-Indictment Recantations, Grand-Jury Disclosure & The Boundaries of Brady Obligations

People v. Cooper (2025): Post-Indictment Recantations, Grand-Jury Disclosure & The Boundaries of Brady Obligations

Date: Jun 26, 2025
People v. Cooper (2025): Post-Indictment Recantations, Grand-Jury Disclosure & The Boundaries of Brady Obligations Introduction People v. Cooper (2025 NY Slip Op 03816) presented the Appellate...
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