United States v. Price: No Sua Sponte Rule 32.1 Confrontation Balancing—Unobjected-to Hearsay Supports Supervised-Release Revocation Under Plain-Error Review 1. Introduction In United States v. Price...
People v. Bell (2026): Constitutionally Necessary Duplicate Rule 16 Discovery in Indigent Postconviction Proceedings I. Introduction In People v. Bell, 2026 CO 28, the Colorado Supreme Court resolved...
Waiver of INA § 1252(f)(1) and Limits on Classwide Release Remedies Under an ICE Warrantless-Arrest Consent Decree 1. Introduction In Margarito Castañon-Nava v. U.S. Department of Homeland Security...
Retention of Limited Rights Does Not Defeat Exclusive-License Standing Under § 501(b) Where § 106 Rights Are Divisible I. Introduction Case: Great Bowery Inc. v. Consequence Sound LLC (11th Cir. May...
Pope v. DOC: Conflicting CBA/Offer-Letter Probation Terms Create Triable Fact Issues; Probation Extensions Must Track CBA Mutual-Assent Limits 1. Introduction In Pope v. Montana Department of...
Rolle v. JCDecaux: Untimely Cross-Motions Cannot Dispose of Labor Law §§ 200 and 241(6) Claims Absent Good Cause or Nearly Identical Grounds 1) Introduction Case: Rolle v JCDecaux St. Furniture N.Y.,...
Triable Dispute Over Whether the Accident Occurred Defeats Labor Law § 240(1) Summary Judgment; Underlying Landowner Without Nexus Not Liable as an “Owner”; Owners Must Prove Reasonable Inspection to...
FAPA Bars CPLR 205 Savings After CPLR 3215(c) Abandonment in Foreclosure Actions 1. Introduction In Surya Capital 11 N. Elliot Place Holdings, LLC v Royal Gardens 641, LLC (2026 NY Slip Op 02863),...
Demolition Debris Transport on Stairs: No § 240(1) Staircase “Safety Device”; Triable Issue Whether a Trash Can Qualifies as a 23-3.3(e) “Bucket” and Whether § 200 Defendants Negate Both...
Storm-in-Progress Rule Does Not Bar Liability for Indoor Tracked-In Precipitation Rowland v Brooklyn Hosp. Ctr. (2026 NY Slip Op 02861, 2d Dep’t May 6, 2026) I. Introduction Rowland v Brooklyn Hosp....
Out-of-State Conviction Discipline Does Not Require a New York Penal-Law Analog (Matter of Gainsburg) 1. Introduction Matter of Gainsburg (2026 NY Slip Op 02838 [App Div, 2d Dept May 6, 2026]) is an...
Liquidated Damages as Real-Property Transfer: Enforceability Turns on Proportionality and Difficulty of Estimation, with the Challenger Bearing the Burden 1. Introduction Case: PTI IMP, LLC v...
RPAPL 1951: Waiver/Nonenforcement Can Extinguish an Access Covenant While Other Use-and-Design Covenants Remain Enforceable 1. Introduction Case: Shmeria, LLC v Sea Gate Assn., 2026 NY Slip Op 02862...
Equitable Lien/Equitable Mortgage Claims Accrue No Later Than Recording of the Instrument Creating (or Publicly Revealing) the Defect, and Are Barred After Six Years 1. Introduction Citibank, N.A. v...
Documented “Actually Incurred” Foreclosure Attorneys’ Fees Must Be Awarded in a Reasonable Amount—Arbitrary Reductions Are an Improvident Exercise of Discretion 1. Introduction Case: JPMorgan Chase...
“Direct Physical Loss or Damage” Requires Material Alteration or Complete, Persistent Dispossession; Pre-Answer Dismissal Motions in Declaratory Actions May Be Converted to Declarations for...
People v Persaud: Discretionary Reduction of Statutory-Maximum PRS Despite a Plea Bargain; Invalid Appeal Waiver When Court Demands Waiver Without Stated Reason Introduction In People v Persaud (2026...
Foreclosure Against Heirs Is Not a Jurisdictional Nullity, but Unexplained Prosecution Delay Can Equitably Toll Mortgage Interest 1. Introduction Case: Citizens Bank, N.A. v. Abrams, 2026 NY Slip Op...
Implied Covenant Limits in “Right to Bid” Clauses and Strict Statute-of-Frauds Treatment of Ancillary Oral Leasing Promises I. Introduction In Dimas Tower, Inc. v North Shore Towers Apts. Inc. (2026...
No-Fault “Basic Economic Loss” Bars Inter-Covered-Person Recovery of the First $50,000 in Lost Earnings and Requires Post-Verdict Reduction Under CPLR 4404(a) Case: Kleiber v Fichtel, 2026 NY Slip Op...