New York Case Commentaries

Matter of Alexia KK. (Isaac KK.) — Neglect May Rest on a Rational Inference of Contemporaneous Narcotics Trafficking in a Child’s Presence

Date: Mar 21, 2026

Neglect May Rest on a Rational Inference of Contemporaneous Narcotics Trafficking in a Child’s Presence Case: Matter of Alexia KK. (Isaac KK.) Citation: 2026 NY Slip Op 01567 (App Div 3d Dept Mar....

Due Process in WCL § 26-a Penalty Calculations: Rehearing Required When Assessment Is Set Post-Hearing Without Employer Input

Date: Mar 21, 2026

Due Process in WCL § 26-a Penalty Calculations: Rehearing Required When Assessment Is Set Post-Hearing Without Employer Input 1. Introduction In Matter of Cortez v Royal Stone Cabinet & Tile Inc....

Static-99R Methodology and Deference to Trial-Level Credibility Findings at the Article 10 Dispositional Phase

Date: Mar 21, 2026

Static-99R Methodology and Deference to Trial-Level Credibility Findings at the Article 10 Dispositional Phase 1. Introduction Matter of State of New York v Christopher GG. (App Div, 3d Dept, Mar....

18 NYCRR 360-7.5 Reimbursement Limited to Eligibility Errors/Delays—No Repayment for Post-CBIC Out-of-Pocket Home Care Caused by Provider Shortages

Date: Mar 21, 2026

18 NYCRR 360-7.5 Reimbursement Limited to Eligibility Errors/Delays—No Repayment for Post-CBIC Out-of-Pocket Home Care Caused by Provider Shortages 1. Introduction Matter of Tomei v McDonald...

People v. Devon Y.: DVSJA Resentencing Requires a Temporal Nexus of Ongoing Abuse/Relationship at the Time of the Offense, Not Merely Lingering Effects

Date: Mar 21, 2026

People v. Devon Y.: DVSJA Resentencing Requires a Temporal Nexus of Ongoing Abuse/Relationship at the Time of the Offense, Not Merely Lingering Effects 1. Introduction People v Devon Y. (Appellate...

People v. Strange — Protracted Septum/Breathing Impairment as “Serious Physical Injury” and “Temporary and Lawful” Firearm Possession Limits

Date: Mar 21, 2026

People v. Strange: Protracted Nasal Septum/Breathing Impairment Qualifies as “Serious Physical Injury” and Narrows “Temporary and Lawful” Firearm Possession Claims 1. Introduction In People v Strange...

Granath v. Monroe County — Police-Vehicle Red-Light Entry and Summary Judgment Under VTL § 1104: No Recklessness as a Matter of Law Despite No Siren/Horn, Policy Deviations, and Potentially Obstructed View

Date: Mar 21, 2026

Granath v. Monroe County — Police-Vehicle Red-Light Entry and Summary Judgment Under VTL § 1104: No Recklessness as a Matter of Law Despite No Siren/Horn, Policy Deviations, and Potentially...

People v. Henderson: Prior Drug Possession Is Inadmissible Molineux Evidence Absent a Logical, Issue-Specific Nexus; Step-One Relevance Is Reviewed De Novo

Date: Mar 21, 2026

People v. Henderson: Prior Drug Possession Is Inadmissible Molineux Evidence Absent a Logical, Issue-Specific Nexus; Step-One Relevance Is Reviewed De Novo I. Introduction People v Henderson (2026 NY...

People v Sabb: Consecutive Sentences After a Guilty Plea Require Separate-Act Facts in the Indictment Count(s) Pleaded to and/or the Plea Allocution—Not a Presentence Report

Date: Mar 21, 2026

People v Sabb: Consecutive Sentences After a Guilty Plea Require Separate-Act Facts in the Indictment Count(s) Pleaded to and/or the Plea Allocution—Not a Presentence Report I. Introduction In People...

FAA Preemption of New York Labor Law Strict-Liability Claims in In-Flight Helicopter Work; Negligence/Labor Law § 200 Survive via Substituted Federal Standard of Care

Date: Mar 20, 2026

FAA Preemption of New York Labor Law Strict-Liability Claims in In-Flight Helicopter Work; Negligence/Labor Law § 200 Survive via Substituted Federal Standard of Care Case: Fabia v Power Auth. of the...

Probation-by-Negotiated Plea Agreement: Bare Forgery Claims and “I Didn’t Read It” Do Not Defeat Consecutive Probation Extending a DOC Officer’s At‑Will Status

Date: Mar 20, 2026

Probation-by-Negotiated Plea Agreement: Bare Forgery Claims and “I Didn’t Read It” Do Not Defeat Consecutive Probation Extending a DOC Officer’s At‑Will Status Introduction Matter of Ford v New York...

People v. Legrand (2026): Limits on SORA Risk-Factor Scoring for “Continuing Course,” “Failure to Accept Responsibility” During Direct Appeal, and Accessorial Theories

Date: Mar 20, 2026

People v. Legrand (2026): Limits on SORA Risk-Factor Scoring for “Continuing Course,” “Failure to Accept Responsibility” During Direct Appeal, and Accessorial Theories Court: Appellate Division,...

Portable Storage Extension Controls: Courts Will Not Recast Containers as “Structures” to Nullify a 90‑Day Coverage Limitation

Date: Mar 20, 2026

Portable Storage Extension Controls: Courts Will Not Recast Containers as “Structures” to Nullify a 90‑Day Coverage Limitation 1. Introduction Case: Eastside Floor Supplies, Ltd. v SCS Agency, Inc.,...

Ford v. Luckain: CPLR 1021 Dismissal Limits, Required Estate Notice, and Nullity of Motions Made for a Deceased Party

Date: Mar 20, 2026

Ford v. Luckain: CPLR 1021 Dismissal Limits, Required Estate Notice, and Nullity of Motions Made for a Deceased Party Court: Appellate Division of the Supreme Court, New York, Second Department Date:...

Actual Knowledge from Medical Records Can Support Nunc Pro Tunc Validation of a Late Notice of Claim Despite an Imperfect Excuse

Date: Mar 20, 2026

Actual Knowledge from Medical Records Can Support Nunc Pro Tunc Validation of a Late Notice of Claim Despite an Imperfect Excuse 1. Introduction In Kazeem v New York City Health & Hosps. Corp....

Undue Influence and Inter Vivos Trusts: Confidential-Relationship Evidence Can Defeat Summary Judgment; Trust Capacity Requires the Contractual Standard

Date: Mar 20, 2026

Undue Influence and Inter Vivos Trusts: Confidential-Relationship Evidence Can Defeat Summary Judgment; Trust Capacity Requires the Contractual Standard Case: Matter of Baird (Cardelli), 2026 NY Slip...

Best-Interests Dispositions May Require Sexual Orientation and Gender Identity Programming Following Failure-to-Plan Neglect

Date: Mar 20, 2026

Best-Interests Dispositions May Require Sexual Orientation and Gender Identity Programming Following Failure-to-Plan Neglect 1. Introduction Matter of Isaiah D. (Chinelle D.) (App. Div. 2d Dep’t Mar....

Scutari v. Drapala: Owners as Necessary Parties; No Exhaustion for “Noncompliance with Resolution” Claims; Construction-Phase Trespass Liability

Date: Mar 20, 2026

Scutari v. Drapala: Owners as Necessary Parties; No Exhaustion for “Noncompliance with Resolution” Claims; Construction-Phase Trespass Liability Court: Appellate Division, Second Department Date:...

CPLR 3215(c) in Foreclosure: Opposing a Late-Answer Motion Is Not a “Proceeding for Entry of Judgment”

Date: Mar 20, 2026

CPLR 3215(c) in Foreclosure: Opposing a Late-Answer Motion Is Not a “Proceeding for Entry of Judgment” 1. Introduction In U.S. Bank Trust N.A. v Valle (2026 NY Slip Op 01550), the Appellate Division,...

Early-Occupancy “License” Waivers of Rent Stabilization Are Void; Unauthorized Renewal Intervals Trigger Vacatur of Increases and a Rent Freeze Until Correct Registration

Date: Mar 19, 2026

Early-Occupancy “License” Waivers of Rent Stabilization Are Void; Unauthorized Renewal Intervals Trigger Vacatur of Increases and a Rent Freeze Until Correct Registration 1. Introduction In Grey v...

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