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  • Commentaries
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state Case Commentaries

Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a)

Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a)

Date: Mar 20, 2025
Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a) Introduction Windward Bora, LLC (“Windward”) and Home Funds Direct (“Home...
Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612)

Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612)

Date: Mar 20, 2025
Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612) 1. Introduction In Gormley v. Marist Brothers of the Schools, Province of...
Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary

Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary

Date: Mar 20, 2025
Acknowledgment of Prior Neglect as a Precondition for Remediation in Parental Rights Cases: An In re W.M. Commentary Introduction The case In re W.M. before the Supreme Court of West Virginia...
Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights

Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights

Date: Mar 20, 2025
Establishing the Clear and Convincing Standard in Abuse and Neglect Cases: A New Precedent on Termination of Parental Rights Introduction The Judgment in the case of In re L.F., rendered by the...
Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases

Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases

Date: Mar 20, 2025
Establishing Non-Compliance as a Predicament: Affirmation of Parental Rights Termination in Substance Abuse Cases Introduction The case of In re A.M.-1, L.D., M.M., and T.D. before the Supreme Court...
Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review

Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review

Date: Mar 20, 2025
Ensuring Comprehensive Findings in Habeas Corpus Proceedings: A Mandate for Meaningful Appellate Review Introduction The case of Codey Dale Foster v. Shelby Searls, Superintendent of Huttonsville...
Exclusion of Military Disability Benefits from Marital Property Division under USFSPA: Iozzo v. Tarpenning

Exclusion of Military Disability Benefits from Marital Property Division under USFSPA: Iozzo v. Tarpenning

Date: Mar 20, 2025
Exclusion of Military Disability Benefits from Marital Property Division under USFSPA: Iozzo v. Tarpenning Introduction This case arises from the 2015 divorce of Michael Thomas Iozzo Jr. (“Iozzo”)...
Civil Challenges to Criminal Sentences Require Prior Invalidation: Affirmation of the Heck–Patterson Rule in Alaska

Civil Challenges to Criminal Sentences Require Prior Invalidation: Affirmation of the Heck–Patterson Rule in Alaska

Date: Mar 20, 2025
Civil Challenges to Criminal Sentences Require Prior Invalidation: Affirmation of the Heck–Patterson Rule in Alaska Introduction This commentary examines the Alaska Supreme Court’s memorandum opinion...
Obligations of Corrections Departments under R.C. 149.43: Statutory Damages for Inmate Public-Records Requests

Obligations of Corrections Departments under R.C. 149.43: Statutory Damages for Inmate Public-Records Requests

Date: Mar 20, 2025
Obligations of Corrections Departments under R.C. 149.43: Statutory Damages for Inmate Public-Records Requests Introduction State ex rel. Clark v. Dept. of Rehabilitation & Correction, Slip Opinion...
Attorney Supervisory Responsibility for Trust Account Management in Remote Practice: Matter of Cohn

Attorney Supervisory Responsibility for Trust Account Management in Remote Practice: Matter of Cohn

Date: Mar 20, 2025
Attorney Supervisory Responsibility for Trust Account Management in Remote Practice: Matter of Cohn Introduction Matter of Cohn, 2025 NY Slip Op 01627 (App. Div. 2d Dept. Mar. 19, 2025), is a...
Local Zoning Discretion vs. State Coastal Erosion Regulations: Matter of 260 BC, LLC v. East Hampton ZBA

Local Zoning Discretion vs. State Coastal Erosion Regulations: Matter of 260 BC, LLC v. East Hampton ZBA

Date: Mar 20, 2025
Local Zoning Discretion vs. State Coastal Erosion Regulations: Matter of 260 BC, LLC v. East Hampton ZBA Introduction The Appellate Division, Second Department’s decision in Matter of 260 BC, LLC v....
Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children

Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children

Date: Mar 20, 2025
Judicial Affirmation of Termination of Parental Rights for Incarcerated Parents and the Best Interests of Special Needs Children Introduction The case of In re M.B., decided by the Supreme Court of...
Affirming Parental Culpability: Establishing Silence as Affirmative Evidence in Child Abuse Proceedings

Affirming Parental Culpability: Establishing Silence as Affirmative Evidence in Child Abuse Proceedings

Date: Mar 20, 2025
Affirming Parental Culpability: Establishing Silence as Affirmative Evidence in Child Abuse Proceedings Introduction The Judgment in “In re A.K.-1 and A.K.-2” delivered by the Supreme Court of West...
Mandatory Inclusion of Approved Zoning Modifications in Referendum Petitions under R.C. 519.12(H)

Mandatory Inclusion of Approved Zoning Modifications in Referendum Petitions under R.C. 519.12(H)

Date: Mar 20, 2025
Mandatory Inclusion of Approved Zoning Modifications in Referendum Petitions under R.C. 519.12(H) Introduction State ex rel. Shamro v. Delaware County Board of Elections, 2025-Ohio-941, is an...
CPLR 3215(c) Tolling Clarified: Mandatory Foreclosure Settlement Conferences Under CPLR 3408

CPLR 3215(c) Tolling Clarified: Mandatory Foreclosure Settlement Conferences Under CPLR 3408

Date: Mar 20, 2025
CPLR 3215(c) Tolling Clarified: Mandatory Foreclosure Settlement Conferences Under CPLR 3408 Introduction This commentary examines the Second Department’s decision in Wilmington Savings Fund Society,...
Non-Waivable Standing Defense and Sale Report Deadlines under RPAPL 1302-a & 1355 – U.S. Bank N.A. v. Singh

Non-Waivable Standing Defense and Sale Report Deadlines under RPAPL 1302-a & 1355 – U.S. Bank N.A. v. Singh

Date: Mar 20, 2025
Non-Waivable Standing Defense and Sale Report Deadlines under RPAPL 1302-a & 1355 Introduction U.S. Bank N.A. v. Singh (2025 NYSlipOp 01664) is a Second Department decision clarifying two statutory...
Clarification of CPLR 3211(a) Documentary-Evidence Standard and Debtor & Creditor Law Insolvency Requirements in Brokerage-Commission Disputes

Clarification of CPLR 3211(a) Documentary-Evidence Standard and Debtor & Creditor Law Insolvency Requirements in Brokerage-Commission Disputes

Date: Mar 20, 2025
Clarification of CPLR 3211(a) Documentary-Evidence Standard and Debtor & Creditor Law Insolvency Requirements in Brokerage-Commission Disputes Introduction Silber Investment Properties, Ltd....
Clarifying Primary-Use Standard under RPTL 420-a: Exempting Housing for Religious Personnel

Clarifying Primary-Use Standard under RPTL 420-a: Exempting Housing for Religious Personnel

Date: Mar 20, 2025
Clarifying Primary-Use Standard under RPTL 420-a: Exempting Housing for Religious Personnel Introduction Matter of Harrison Orthodox Minyan, Inc. v. Town/Village of Harrison (2025 NYSlipOp 01634) is...
Expansive Additional-Insured Coverage: Duty to Defend Extends to Unleased Access Areas

Expansive Additional-Insured Coverage: Duty to Defend Extends to Unleased Access Areas

Date: Mar 20, 2025
Expansive Additional-Insured Coverage: Duty to Defend Extends to Unleased Access Areas Introduction In 523 BWAY, LLC v. Erie & Niagara Insurance Association (2025 NYSlipOp 01598), the Appellate...
No Duty Absent Unusual Circumstances: Delaware Supreme Court Holds Disputed Theft Details Are Immaterial in Third‑Party Injury Cases Involving Stolen Vehicles

No Duty Absent Unusual Circumstances: Delaware Supreme Court Holds Disputed Theft Details Are Immaterial in Third‑Party Injury Cases Involving Stolen Vehicles

Date: Mar 20, 2025
No Duty Absent Unusual Circumstances: Delaware Supreme Court Holds Disputed Theft Details Are Immaterial in Third‑Party Injury Cases Involving Stolen Vehicles Introduction In Carroll v. Forewinds...
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