New York Case Commentaries

Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h)

Date: Nov 1, 2025

Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h) Introduction In Matter of Ferretti v. New York State Division of...

Implicit Severance Bars CPLR 5501(a)(1) Review of a Prior Final Judgment; Easement Holders Cannot Obstruct Rights-of-Way by Parking

Date: Nov 1, 2025

Implicit Severance Bars CPLR 5501(a)(1) Review of a Prior Final Judgment; Easement Holders Cannot Obstruct Rights-of-Way by Parking Introduction This commentary examines the Appellate Division, Third...

Pleading Actual-Intent UVTA Claims in New York: Third Department Aligns § 273(a)(1) with CPLR 3016(b), Permits Information‑and‑Belief Allegations with Factual Basis, and Rejects Affidavits as “Documentary Evidence” on CPLR 3211 Motions

Date: Nov 1, 2025

Pleading Actual-Intent UVTA Claims in New York: Third Department Aligns § 273(a)(1) with CPLR 3016(b), Permits Information‑and‑Belief Allegations with Factual Basis, and Rejects Affidavits as...

People v. Demas: Passing “Superseding Indictment” References, Limited Juror–Witness Familiarity, and Minor Inaccuracies Do Not, Without More, Impair Grand Jury Integrity Under CPL 210.35(5)

Date: Nov 1, 2025

People v. Demas: Passing “Superseding Indictment” References, Limited Juror–Witness Familiarity, and Minor Inaccuracies Do Not, Without More, Impair Grand Jury Integrity Under CPL 210.35(5) Decision:...

People v. George: Deliberate Vehicular Assault Supports Inferences of Intent for Aggravated Animal Cruelty and Criminal Mischief; Strategic Rejection of an EED Defense Constitutes Effective Assistance

Date: Nov 1, 2025

People v. George: Deliberate Vehicular Assault Supports Inferences of Intent for Aggravated Animal Cruelty and Criminal Mischief; Strategic Rejection of an EED Defense Constitutes Effective...

No Automatic Conflict from Out‑of‑County Brief‑Writing Relationship Between Defense Counsel and Prosecutor; Defendant Must Show the Potential Conflict Operated on the Defense

Date: Nov 1, 2025

No Automatic Conflict from Out‑of‑County Brief‑Writing Relationship Between Defense Counsel and Prosecutor; Defendant Must Show the Potential Conflict Operated on the Defense Commentary on People v....

People v. Riddick: DNA-Focused “Trace Evidence” Warrants, Public-Street Phone Seizures, and Expanded Use of Molineux and Opening-the-Door When Identity Is the Only Issue

Date: Nov 1, 2025

People v. Riddick: DNA-Focused “Trace Evidence” Warrants, Public-Street Phone Seizures, and Expanded Use of Molineux and Opening-the-Door When Identity Is the Only Issue Court: Appellate Division of...

Environmental Noncompliance as Material Breach: Subcontractor Barred from Payment and Bond Recovery; Surety’s Takeover with Reservation of Rights Upheld; No Judicial Estoppel Without Prior Success

Date: Nov 1, 2025

Environmental Noncompliance as Material Breach: Subcontractor Barred from Payment and Bond Recovery; Surety’s Takeover with Reservation of Rights Upheld; No Judicial Estoppel Without Prior Success...

Court, Not Arbitrator, Decides Compliance with Pre‑Arbitration Conditions; One‑Year Claim Limit in Home‑Inspection Agreements Enforced at Pleading Stage

Date: Nov 1, 2025

Court, Not Arbitrator, Decides Compliance with Pre‑Arbitration Conditions; One‑Year Claim Limit in Home‑Inspection Agreements Enforced at Pleading Stage Introduction This commentary examines the...

Second Department Clarifies: Referee Reports Must Rest on Produced Business Records; RPAPL 1301(3) Defense Fails Absent Prejudice

Date: Nov 1, 2025

Second Department Clarifies: Referee Reports Must Rest on Produced Business Records; RPAPL 1301(3) Defense Fails Absent Prejudice Introduction In Citimortgage, Inc. v. Hassanin (2025 NY Slip Op...

Insurer’s Denial ≠ Breach of Procurement Duty; Ambiguous Releases Won’t Bar Third‑Party Indemnity: Grala v. Structural Preservation Systems, LLC (2d Dep’t 2025)

Date: Nov 1, 2025

Insurer’s Denial ≠ Breach of Procurement Duty; Ambiguous Releases Won’t Bar Third‑Party Indemnity: Grala v. Structural Preservation Systems, LLC (2d Dep’t 2025) Introduction This commentary analyzes...

Failure to Schedule Water-Meter Replacement Constitutes “Denial of Access” Under NYC Water Board Rate Schedule

Date: Nov 1, 2025

Failure to Schedule Water-Meter Replacement Constitutes “Denial of Access” Under NYC Water Board Rate Schedule Introduction In Matter of 29-76 Realty Co., LLC v. New York City Water Board, 2025 NY...

“Appearance of Impropriety” Is a Constitutionally Definite Recusal Standard in Local Ethics Codes: Commentary on Matter of Goldstein v. Village of Mamaroneck Board of Ethics

Date: Nov 1, 2025

“Appearance of Impropriety” Is a Constitutionally Definite Recusal Standard in Local Ethics Codes Commentary on Matter of Goldstein v. Village of Mamaroneck Board of Ethics, 2025 NY Slip Op 05950 (2d...

Adverse Possession Under Color of Title Defeats Unprobated Remainder Interests; After-Acquired Title Extends Mortgage to Entire Premises

Date: Nov 1, 2025

Adverse Possession Under Color of Title Defeats Unprobated Remainder Interests; After-Acquired Title Extends Mortgage to Entire Premises Introduction In Walters v. O'Quinn, 2025 NY Slip Op 05988 (App...

Pattern of Non‑Cooperation with the Attorney Grievance Committee and Persistent Registration Delinquency Warrant Interim Suspension under 22 NYCRR 1240.9(a)(3)

Date: Oct 30, 2025

Pattern of Non‑Cooperation with the Attorney Grievance Committee and Persistent Registration Delinquency Warrant Interim Suspension under 22 NYCRR 1240.9(a)(3) Case: Matter of Biniakewitz, 2025 NY...

USPTO Qualifies as a “Foreign Jurisdiction” for Reciprocal Discipline; First Department Tailors Sanction to New York Precedent for Outsourced Trademark Practice

Date: Oct 30, 2025

USPTO Qualifies as a “Foreign Jurisdiction” for Reciprocal Discipline; First Department Tailors Sanction to New York Precedent for Outsourced Trademark Practice Introduction This commentary examines...

Hearing Required Where a Plea May Have Been Influenced by Counsel’s Predictions of Future Legal Change and a Conditional Third‑Party Payment: People v. Mower

Date: Oct 30, 2025

Hearing Required Where a Plea May Have Been Influenced by Counsel’s Predictions of Future Legal Change and a Conditional Third‑Party Payment Commentary on People v. Mower, 2025 NY Slip Op 05851 (App...

No Enhanced Sentence for an Unstated Restitution Condition: Third Department Orders Specific Performance of Plea in People v. Nestler

Date: Oct 30, 2025

No Enhanced Sentence for an Unstated Restitution Condition: Third Department Orders Specific Performance of Plea in People v. Nestler Introduction In People v. Nestler, 2025 NY Slip Op 05852 (App Div...

Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation

Date: Oct 30, 2025

Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation Introduction In R. Kelly...

CPLR 5001 Does Not Expand a Surety’s Liability Beyond the Bond: No Prejudgment Interest Under Payment Bonds Limited to “Labor, Materials, and Equipment”

Date: Oct 30, 2025

CPLR 5001 Does Not Expand a Surety’s Liability Beyond the Bond: No Prejudgment Interest Under Payment Bonds Limited to “Labor, Materials, and Equipment” Introduction In Stone Cast, Inc. v. Couch,...