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  • Commentaries
  • Judgments

New York Case Commentaries

Permanent Neglect Under Social Services Law § 384-b: No “Imminent Danger” or “Nexus to Initial Removal” Showing Required to Prove Failure to Plan

Permanent Neglect Under Social Services Law § 384-b: No “Imminent Danger” or “Nexus to Initial Removal” Showing Required to Prove Failure to Plan

Date: Mar 28, 2026
Permanent Neglect Under Social Services Law § 384-b: No “Imminent Danger” or “Nexus to Initial Removal” Showing Required to Prove Failure to Plan Decision: Matter of Gianna H. (Naliesha H.), 2026 NY...
Extraordinary-Circumstances Limit on Sua Sponte Dismissal and Predicate-Claim Requirement for Aiding-and-Abetting Liability under NYCHRL/NYSHRL

Extraordinary-Circumstances Limit on Sua Sponte Dismissal and Predicate-Claim Requirement for Aiding-and-Abetting Liability under NYCHRL/NYSHRL

Date: Mar 28, 2026
Extraordinary-Circumstances Limit on Sua Sponte Dismissal and Predicate-Claim Requirement for Aiding-and-Abetting Liability under NYCHRL/NYSHRL 1. Introduction In McIntosh v City of New York (2026 NY...
Reciprocal Discipline in New York: Deference to Foreign Sanctions and Public Censure for Trust-Account Recordkeeping and Noncooperation

Reciprocal Discipline in New York: Deference to Foreign Sanctions and Public Censure for Trust-Account Recordkeeping and Noncooperation

Date: Mar 27, 2026
Reciprocal Discipline in New York: Deference to Foreign Sanctions and Public Censure for Trust-Account Recordkeeping and Noncooperation Introduction Matter of Lubenesky (2026 NY Slip Op 01732) is a...
Reciprocal Disbarment in New York Following Foreign-Jurisdiction Disbarment Based on a Nolo Contendere Disciplinary Stipulation

Reciprocal Disbarment in New York Following Foreign-Jurisdiction Disbarment Based on a Nolo Contendere Disciplinary Stipulation

Date: Mar 27, 2026
Reciprocal Disbarment in New York Following Foreign-Jurisdiction Disbarment Based on a Nolo Contendere Disciplinary Stipulation 1. Introduction Matter of Spolin (2026 NY Slip Op 01735) is a...
People v. Dinkins: “Minimal Inquiry” Requires a Fair Opportunity to Be Heard—Summary Denial of Substitute-Counsel Request Requires Vacatur

People v. Dinkins: “Minimal Inquiry” Requires a Fair Opportunity to Be Heard—Summary Denial of Substitute-Counsel Request Requires Vacatur

Date: Mar 27, 2026
People v. Dinkins: “Minimal Inquiry” Requires a Fair Opportunity to Be Heard—Summary Denial of Substitute-Counsel Request Requires Vacatur I. Introduction In People v Dinkins (App Div, 1st Dept, Mar....
Settlement Waiver of Shareholder Inspection Does Not Waive Litigation Discovery for Unbarred Claims

Settlement Waiver of Shareholder Inspection Does Not Waive Litigation Discovery for Unbarred Claims

Date: Mar 27, 2026
Settlement Waiver of Shareholder Inspection Does Not Waive Litigation Discovery for Unbarred Claims Case: Stile v C-Air Customhouse Brokers-Forwards, Inc. Court: Appellate Division of the Supreme...
People v. Brown: No Automatic Disclosure of Underlying Police Discipline Files for Non-Testifying Officers; Post-Offense Photos Admissible to Complete the Narrative

People v. Brown: No Automatic Disclosure of Underlying Police Discipline Files for Non-Testifying Officers; Post-Offense Photos Admissible to Complete the Narrative

Date: Mar 22, 2026
People v. Brown: No Automatic Disclosure of Underlying Police Discipline Files for Non-Testifying Officers; Post-Offense Photos Admissible to Complete the Narrative Introduction In People v Brown...
SEQRA “Hard Look” for Landfill-Closure Local Laws: Affected Property-Owner Standing and Required Review of Indirect Emissions Impacts

SEQRA “Hard Look” for Landfill-Closure Local Laws: Affected Property-Owner Standing and Required Review of Indirect Emissions Impacts

Date: Mar 22, 2026
SEQRA “Hard Look” for Landfill-Closure Local Laws: Affected Property-Owner Standing and Required Review of Indirect Emissions Impacts 1. Introduction Matter of Seneca Meadows, Inc. v. Town of Seneca...
Locust Club II: Civilian Oversight “Investigations” Are Invalid When They Alter Collectively Bargained Police Disciplinary Procedures

Locust Club II: Civilian Oversight “Investigations” Are Invalid When They Alter Collectively Bargained Police Disciplinary Procedures

Date: Mar 22, 2026
Locust Club II: Civilian Oversight “Investigations” Are Invalid When They Alter Collectively Bargained Police Disciplinary Procedures Case: Matter of Rochester Police Locust Club, Inc. v. City of...
Masked Surveillance Video Is Not “Direct Evidence” of Identity for Circumstantial-Evidence Charge Purposes (Harmless-Error Review Applies)

Masked Surveillance Video Is Not “Direct Evidence” of Identity for Circumstantial-Evidence Charge Purposes (Harmless-Error Review Applies)

Date: Mar 22, 2026
Masked Surveillance Video Is Not “Direct Evidence” of Identity for Circumstantial-Evidence Charge Purposes (Harmless-Error Review Applies) Case: People v Mcennis, 2026 NY Slip Op 01635 (App Div, 4th...
Duty-Centered “No New Theory” Rule in Medical Malpractice Summary Judgment: Pre‑Surgical Positioning as a Permissible Elaboration of a Pleaded Positioning Claim

Duty-Centered “No New Theory” Rule in Medical Malpractice Summary Judgment: Pre‑Surgical Positioning as a Permissible Elaboration of a Pleaded Positioning Claim

Date: Mar 21, 2026
Duty-Centered “No New Theory” Rule in Medical Malpractice Summary Judgment: Pre‑Surgical Positioning as a Permissible Elaboration of a Pleaded Positioning Claim Case: Lopez v Millard Fillmore...
Hybrid CPLR Article 78/Declaratory Actions: Courts Must Not Apply Article 78 Summary Procedure to Declaratory Claims

Hybrid CPLR Article 78/Declaratory Actions: Courts Must Not Apply Article 78 Summary Procedure to Declaratory Claims

Date: Mar 21, 2026
Hybrid CPLR Article 78/Declaratory Actions: Courts Must Not Apply Article 78 Summary Procedure to Declaratory Claims 1. Introduction Matter of AL Asphalt Corp. v. Town of Hamburg (2026 NY Slip Op...
“Intentional Absence” Authorizes Vice-Chair to Convene Party Organizational Meeting; Declaratory Claim Requires Declaration, Not Dismissal

“Intentional Absence” Authorizes Vice-Chair to Convene Party Organizational Meeting; Declaratory Claim Requires Declaration, Not Dismissal

Date: Mar 21, 2026
“Intentional Absence” Authorizes Vice-Chair to Convene Party Organizational Meeting; Declaratory Claim Requires Declaration, Not Dismissal 1. Introduction Matter of Ment v Onondaga County Comm. of...
People v. Robinson: Trespass Affidavits Do Not Create Blanket Authority for De Bour Level-One Vehicle Approaches

People v. Robinson: Trespass Affidavits Do Not Create Blanket Authority for De Bour Level-One Vehicle Approaches

Date: Mar 21, 2026
People v. Robinson: Trespass Affidavits Do Not Create Blanket Authority for De Bour Level-One Vehicle Approaches 1. Introduction In People v Robinson (2026 NY Slip Op 01693 [4th Dept Mar. 20, 2026]),...
Probable Cause Cannot Rest on an Equivocal Single-Photo Showup, and Prolonged Detention Cannot Be Justified by Repetitive, Suggestive “Do-Over” Identification Questioning

Probable Cause Cannot Rest on an Equivocal Single-Photo Showup, and Prolonged Detention Cannot Be Justified by Repetitive, Suggestive “Do-Over” Identification Questioning

Date: Mar 21, 2026
Probable Cause Cannot Rest on an Equivocal Single-Photo Showup, and Prolonged Detention Cannot Be Justified by Repetitive, Suggestive “Do-Over” Identification Questioning 1. Introduction People v...
People v. Lewis: Conduct-Based Waiver of Effective Assistance of Counsel and Single-Act Bar to Consecutive Sentences for Dual Weapon-Possession Theories

People v. Lewis: Conduct-Based Waiver of Effective Assistance of Counsel and Single-Act Bar to Consecutive Sentences for Dual Weapon-Possession Theories

Date: Mar 21, 2026
People v. Lewis: Conduct-Based Waiver of Effective Assistance of Counsel and Single-Act Bar to Consecutive Sentences for Dual Weapon-Possession Theories Court: New York Court of Appeals Citation:...
New York Cannabis Regulations Are Not CSA-Preempted Absent Mandated Federal-Law Violations and in Light of Federal Enforcement Tolerance

New York Cannabis Regulations Are Not CSA-Preempted Absent Mandated Federal-Law Violations and in Light of Federal Enforcement Tolerance

Date: Mar 21, 2026
New York Cannabis Regulations Are Not CSA-Preempted Absent Mandated Federal-Law Violations and in Light of Federal Enforcement Tolerance Matter of Cannabis Impact Prevention Coalition, LLC v Hochul,...
PAR Authorization Is Not an Admission of Compensability; Speculative Medical Causation Cannot Establish a Consequential Injury

PAR Authorization Is Not an Admission of Compensability; Speculative Medical Causation Cannot Establish a Consequential Injury

Date: Mar 21, 2026
PAR Authorization Is Not an Admission of Compensability; Speculative Medical Causation Cannot Establish a Consequential Injury Introduction Matter of Fleming v DOCCS Attica Corr. Facility (2026 NY...
People v. Billups: Consecutive Sentences for “Simple” Gun Possession Turn on Completed Possession (Dominion and Control), Not When Criminal Intent to Rob Was Formed

People v. Billups: Consecutive Sentences for “Simple” Gun Possession Turn on Completed Possession (Dominion and Control), Not When Criminal Intent to Rob Was Formed

Date: Mar 21, 2026
People v. Billups: Consecutive Sentences for “Simple” Gun Possession Turn on Completed Possession (Dominion and Control), Not When Criminal Intent to Rob Was Formed 1. Introduction In People v...
Knight v. Family Energy Inc.: Inquiry Notice of Arbitration Requires Clear, Conspicuous Presentation of the Arbitration Term Itself

Knight v. Family Energy Inc.: Inquiry Notice of Arbitration Requires Clear, Conspicuous Presentation of the Arbitration Term Itself

Date: Mar 21, 2026
Knight v. Family Energy Inc.: Inquiry Notice of Arbitration Requires Clear, Conspicuous Presentation of the Arbitration Term Itself I. Introduction In Knight v Family Energy Inc. (2026 NY Slip Op...
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