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  • Commentaries
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state Case Commentaries

Clarifying Insurable Interest and Imputed Fraud in Title Insurance: A New Precedent

Clarifying Insurable Interest and Imputed Fraud in Title Insurance: A New Precedent

Date: Mar 13, 2025
Clarifying Insurable Interest and Imputed Fraud in Title Insurance: A New Precedent Introduction The case of 53 Spencer Realty, LLC v. Fidelity National Title Insurance Company (2025 N.Y. Slip Op....
Reassessing Custody Schedules and Relocation: Establishing the Paramountcy of Child’s Best Interests

Reassessing Custody Schedules and Relocation: Establishing the Paramountcy of Child’s Best Interests

Date: Mar 13, 2025
Reassessing Custody Schedules and Relocation: Establishing the Paramountcy of Child’s Best Interests Introduction The case of Elizabeth Corey Raber versus Michael Robert Raber presented before the...
Establishing Reciprocal Disbarment for Unauthorized, Incompetent, and Non-Cooperative Legal Practice

Establishing Reciprocal Disbarment for Unauthorized, Incompetent, and Non-Cooperative Legal Practice

Date: Mar 13, 2025
Establishing Reciprocal Disbarment for Unauthorized, Incompetent, and Non-Cooperative Legal Practice Introduction The Judgment in In re Petition for Disciplinary Action against Jay A. Rosenberg...
Refined Standards for Summary Judgment and Vicarious Liability in Medical Malpractice

Refined Standards for Summary Judgment and Vicarious Liability in Medical Malpractice

Date: Mar 13, 2025
Refined Standards for Summary Judgment and Vicarious Liability in Medical Malpractice Introduction This commentary examines the Supreme Court of New York, Second Department decision in the case of...
Affirming the Corroborative Evidence Standard in Accomplice Testimony: Insights from People v. Silverstein

Affirming the Corroborative Evidence Standard in Accomplice Testimony: Insights from People v. Silverstein

Date: Mar 13, 2025
Affirming the Corroborative Evidence Standard in Accomplice Testimony: Insights from People v. Silverstein Introduction The Judgment rendered in The People of the State of New York v. Kurt...
Clarifying Lien Law § 39-a: New Standards in Awarding Attorneys' Fees for Willful Exaggeration Claims

Clarifying Lien Law § 39-a: New Standards in Awarding Attorneys' Fees for Willful Exaggeration Claims

Date: Mar 13, 2025
Clarifying Lien Law § 39-a: New Standards in Awarding Attorneys' Fees for Willful Exaggeration Claims Introduction In the recent decision of the Supreme Court of New York, Second Department (Consumer...
Clarifying Extensions of Time: New Precedents Under 22 NYCRR 1250

Clarifying Extensions of Time: New Precedents Under 22 NYCRR 1250

Date: Mar 13, 2025
Clarifying Extensions of Time: New Precedents Under 22 NYCRR 1250 Introduction This commentary examines the recent Judgment issued by the Supreme Court of New York, Second Department, titled "In the...
Clarifying Enforcement Limits in Mechanic’s Lien Disputes: The Role of Stipulated Settlements and Unpleaded Cross-Claims

Clarifying Enforcement Limits in Mechanic’s Lien Disputes: The Role of Stipulated Settlements and Unpleaded Cross-Claims

Date: Mar 13, 2025
Clarifying Enforcement Limits in Mechanic’s Lien Disputes: The Role of Stipulated Settlements and Unpleaded Cross-Claims Introduction The case of Consumer Protection Restoration, LLC, et al. v....
Limiting the Economic Loss Doctrine to UCC and Product Liability: A New Precedent in Construction Negligence Claims

Limiting the Economic Loss Doctrine to UCC and Product Liability: A New Precedent in Construction Negligence Claims

Date: Mar 13, 2025
Limiting the Economic Loss Doctrine to UCC and Product Liability: A New Precedent in Construction Negligence Claims Introduction In the case of James and Amber May v. First Rate Excavate, Inc. (2025...
Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances

Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances

Date: Mar 13, 2025
Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances Introduction The present case, In the Matter of Herbert G. Pitkowsky, involves a...
Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1

Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1

Date: Mar 13, 2025
Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1 Introduction In the recent decision of Consumer Protection Restoration, LLC, et al. v. Hickory House...
Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records

Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records

Date: Mar 13, 2025
Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records Introduction The Judgment in "In the Matter of Charles Lane, appellant, v. County of Suffolk, et al." represents...
Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent

Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent

Date: Mar 13, 2025
Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent Introduction The case of Incorporated Village of Freeport v. People of State of New York, et al. involves a complex...
New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions

New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions

Date: Mar 13, 2025
New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions Introduction The case of LaSalle Bank National Association, etc., v. Mohammed Jaynal Abedin, et al. (2025...
New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem

New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem

Date: Mar 13, 2025
New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem Introduction This commentary reviews the landmark decision in HSBC Bank USA, etc., v. Alfredo Lem...
Interstate Sovereign Immunity Affirmed for State-Created Instrumentalities: The NJ Transit Precedent

Interstate Sovereign Immunity Affirmed for State-Created Instrumentalities: The NJ Transit Precedent

Date: Mar 13, 2025
Interstate Sovereign Immunity Affirmed for State-Created Instrumentalities: The NJ Transit Precedent Introduction In this landmark decision, the Supreme Court of Pennsylvania addressed a complex...
Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362

Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362

Date: Mar 13, 2025
Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362 Introduction This commentary examines the recent decision in the consolidated case...
Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief

Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief

Date: Mar 13, 2025
Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief Introduction The case of Simon. Kinsella, et al. v. Long Island Power Authority, et al. presents a complex...
Non-Appealability of DHS Correction Orders via Certiorari: Establishing the Limits of Quasi-Judicial Review

Non-Appealability of DHS Correction Orders via Certiorari: Establishing the Limits of Quasi-Judicial Review

Date: Mar 13, 2025
Non-Appealability of DHS Correction Orders via Certiorari: Establishing the Limits of Quasi-Judicial Review Introduction The case of Alex Lancaster, Relator, v. Department of Human Services,...
Discretionary Function and Sovereign Immunity in OHRV Trail Siting: A New Precedent in Property Nuisance and Inverse Condemnation

Discretionary Function and Sovereign Immunity in OHRV Trail Siting: A New Precedent in Property Nuisance and Inverse Condemnation

Date: Mar 13, 2025
Discretionary Function and Sovereign Immunity in OHRV Trail Siting: A New Precedent in Property Nuisance and Inverse Condemnation Introduction The case of Lois Stearns & a. v. Town of Gorham & a.,...
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