Labor Law § 240(1) Applies to Falls into Work-Created Excavations; Mud Inherent to Trenching Is Not a “Foreign Substance” Under 12 NYCRR 23-1.7(d) Case: Letersky v Militello Farms, Inc., 2026 NY Slip...
Utility Safety Condemnations Qualify as “Public Use” Under EDPL 207; Incidental Private Benefit, Necessity Deference, and Prejudice/Preservation Limits 1. Introduction In Matter of Mid Riv. Mar.,...
Prompt Police Retrieval + Technician Testimony Can Authenticate Surveillance Video Despite Minor Chain-of-Custody Gaps Decision: People v Jones, 2026 NY Slip Op 04641 (App Div 4th Dept July 24, 2026)...
Speculative Pole-Camera Impeachment Is Not Brady Material; CPL 245.20(1)(g) Satisfied by Disclosing Incident-Connected Footage Case: People v. Bordies, 2026 NY Slip Op 04640 (App Div, 4th Dept July...
Strict Proof Required for Attachment/Receivership; Related-Action Stay Proper Under CPLR 3211(a)(4) and CPLR 2201 1. Introduction In US Income Partners, LLC v Cypress Pointe FL Holdings, LLC (2026 NY...
General Municipal Law § 205-e Requires Actual or Constructive Notice of the Specific Premises Hazard—No “Lesser” Notice Standard for Transient Ice 1. Introduction In Whelan v Buffalo Mun. Hous. Auth....
Relocation + Primary Custody Requires Explicit “Best Interests” Findings Under Tropea (or Remittal) Case: Matter of Towle v. Seth Citation: 2026 NY Slip Op 04619 (App Div, 4th Dept, July 24, 2026)...
People v. Asbury: Conclusory Civilian Identification Relayed Through Officers Cannot Supply Probable Cause Absent a Proven Basis of Knowledge 1. Introduction In People v Asbury (2026 NY Slip Op 04617...
Negligent Supervision Without Proximate Cause: Reconciling Verdicts in Child Victims Act School-District Cases Case: O'Grady v Auburn Enlarged City Sch. Dist., 2026 NY Slip Op 04608 (4th Dept July...
Disclaimer Plus “Courtesy Defense” Still Creates a Justiciable Coverage Controversy; Ambiguous Cemetery Endorsement Defeats Pre-Answer Dismissal Case: Buffalo City Cemetery v Netherlands Ins. Co.,...
People v. McGuire: A Specific Challenge to DMV/MDT License-Status Information Requires the People to Prove Reliability at Suppression Appellate Division, Fourth Department (July 24, 2026) — 2026 NY...
Graves Amendment Requires Payment: Free “Courtesy Vehicles” Are Not “Rented” and Do Not Preempt VTL § 388 Case: O'Hare v. Eddo, 2026 NY Slip Op 04592 (App Div, 4th Dept July 24, 2026) Court:...
Alienation-Induced Child Refusal Supports Civil Contempt for Visitation Violations (and Termination of a Parent’s Rights Requires a Cross-Petition) 1. Introduction Matter of Brady J. S. v Darla A. B....
Discovery “Illusory COC” Claims Rejected Where Grand Jury Minutes Were Unavailable and Later Supplemented; Delay Sounds in Sanctions, Not Invalidity 1. Introduction People v Coleman (2026 NY Slip Op...
People v Milton: Pedigree Exception Applies to On-Scene Identification Questions Even in Custody, Absent an Objective “Disguised” Investigatory Purpose Case: People v Milton, 2026 NY Slip Op 04584...
People v. Wightman: No Jurisdictional Defect Where SCI Omits Predicate Conviction Barred by CPL 200.60; Defects in Special Information Are Waived by Guilty Plea Case: People v Wightman Citation: 2026...
“Furtherance” Under CPL 722.23(2)(c)(ii) Requires More Than Mere Display When the Charged Offense Is Weapon Possession 1. Introduction People v. Neyshaliz M. V. (2026 NY Slip Op 04581 [4th Dept July...
People v. Wright: Tarasoff-Style “Public Peril” Disclosures Do Not Authorize Later Trial Testimony; Physician–Patient Privilege Reattaches Once Exigency Ends Court: Appellate Division, Fourth...
People v. Bentley: Orders of Protection Must State a CPL 530.13-Compliant Expiration Date and May Not Exceed Eight Years Beyond the Maximum Prison Term Expiration 1. Introduction In People v Bentley...
CPLR 213-c Extends the Limitations Period Without Creating Penal Law Civil Claims; “Physically Helpless” May Include Conscious Incapacity to Communicate Nonconsent 1. Introduction In Gianna T. D. v...