New York Case Commentaries

FAPA Retroactivity Does Not Nullify Attorney-Executed Tolling Stipulations Made in a Foreclosure Action (CPLR 2104; GOL § 17-105[5][b])

Date: Mar 19, 2026

FAPA Retroactivity Does Not Nullify Attorney-Executed Tolling Stipulations Made in a Foreclosure Action (CPLR 2104; GOL § 17-105[5][b]) I. Introduction In HSBC Bank USA, N.A. v Nicholas (2026 NY Slip...

WCL § 24(2) Fee Schedule Exclusivity: No Attorney’s Fees Based on WCL § 25 Late-Payment Charges

Date: Mar 19, 2026

WCL § 24(2) Fee Schedule Exclusivity: No Attorney’s Fees Based on WCL § 25 Late-Payment Charges Introduction Matter of Gonzalez v. Northeast Parent & Child Socy. (Ct App, Mar. 17, 2026) addresses the...

People v. Bender: Depraved Indifference in Erratic Multi-Collision Driving and Strict Enforcement of CPL 250.10 Psychiatric-Notice Requirements

Date: Mar 19, 2026

People v. Bender: Depraved Indifference in Erratic Multi-Collision Driving and Strict Enforcement of CPL 250.10 Psychiatric-Notice Requirements 1. Introduction In People v Bender (2026 NY Slip Op...

People v. Curry: Declaration of Delinquency Is the Exclusive Mechanism to Toll Probation; Courts Lack Jurisdiction After an Untolled Term Expires

Date: Mar 19, 2026

People v. Curry: Declaration of Delinquency Is the Exclusive Mechanism to Toll Probation; Courts Lack Jurisdiction After an Untolled Term Expires Introduction In People v Curry (2026 NY Slip Op...

People v. Jones — Corroboration Required for Mistaken-Identity Pursuit: Generic Description and Unattributed Flight Are Insufficient

Date: Mar 19, 2026

People v. Jones — Corroboration Required for Mistaken-Identity Pursuit: Generic Description and Unattributed Flight Are Insufficient Introduction In People v Jones (2026 NY Slip Op 01447), the New...

People v. Tyson: Waiting for Forensic Lab Confirmation Can Justify Pre‑Indictment Delay Under Taranovich, and SHU Confinement Does Not Automatically Establish “Extended Pretrial Incarceration”

Date: Mar 19, 2026

People v. Tyson: Waiting for Forensic Lab Confirmation Can Justify Pre‑Indictment Delay Under Taranovich, and SHU Confinement Does Not Automatically Establish “Extended Pretrial Incarceration” 1....

Reciprocal Interim Suspension in New York Based on Florida Emergency Suspension Absent 22 NYCRR 1240.13(b) Defenses (Matter of Hurckes)

Date: Mar 14, 2026

Reciprocal Interim Suspension in New York Based on Florida Emergency Suspension Absent 22 NYCRR 1240.13(b) Defenses (Matter of Hurckes) 1. Introduction Matter of Hurckes (2026 NY Slip Op 01408 [1st...

Matter of Worsell: Functional-Equivalent Compliance with Former 22 NYCRR 202.8-g and Limited Dead Man’s Statute Bar on Summary Judgment in Will Contests

Date: Mar 14, 2026

Matter of Worsell: Functional-Equivalent Compliance with Former 22 NYCRR 202.8-g and Limited Dead Man’s Statute Bar on Summary Judgment in Will Contests 1. Introduction In Matter of Worsell...

Fraud Pleading in Settlement Context: No Inference of Solvency Assurance from a “Settle-or-Bankruptcy” Statement

Date: Mar 14, 2026

Fraud Pleading in Settlement Context: No Inference of Solvency Assurance from a “Settle-or-Bankruptcy” Statement 1. Introduction Doe v Tobin & Dempf, LLP (Appellate Division, Third Department, Mar....

Agriculture and Markets Law § 305-a Does Not Preempt Local Retail-Sales Bans Outside Agricultural Districts or Based Only on Indirect Economic Effects

Date: Mar 14, 2026

Agriculture and Markets Law § 305-a Does Not Preempt Local Retail-Sales Bans Outside Agricultural Districts or Based Only on Indirect Economic Effects Introduction In Matter of City of New York v...

Fundamental Fairness Requires a Reliability Foundation Before Lab-Result Letters Alone Can Prove an Equine Drug Threshold Violation

Date: Mar 14, 2026

Fundamental Fairness Requires a Reliability Foundation Before Lab-Result Letters Alone Can Prove an Equine Drug Threshold Violation 1. Introduction Matter of Pletcher v New York State Gaming...

People v. Sims: Cumulative New-Evidence Review Under CPL 440.10(1)(g) Requires Vacatur Where a Key Corroborating Eyewitness Recants and a New Witness Implicates the Prosecution’s Eyewitness

Date: Mar 13, 2026

People v. Sims: Cumulative New-Evidence Review Under CPL 440.10(1)(g) Requires Vacatur Where a Key Corroborating Eyewitness Recants and a New Witness Implicates the Prosecution’s Eyewitness 1....

Bisogno v. Libertella: Appellate Remittitur Standards for Excessive Compensatory and Punitive Awards in Defamation Per Se, False Arrest, and Malicious Prosecution

Date: Mar 13, 2026

Bisogno v. Libertella: Appellate Remittitur Standards for Excessive Compensatory and Punitive Awards in Defamation Per Se, False Arrest, and Malicious Prosecution 1. Introduction Bisogno v Libertella...

Kedex Props.: Duty to Defend Granted Unless Exclusions Solely and Entirely Apply; Indemnity Deferred Where Exclusions Turn on Unresolved Facts

Date: Mar 13, 2026

Duty to Defend Granted Unless Exclusions Solely and Entirely Apply; Indemnity Deferred Where Exclusions Turn on Unresolved Facts 1. Introduction In Kedex Props., LLC v. Trisura Specialty Ins. Co....

Brown v. Register: Social-Media “Disloyal/Charlatan” Posts Treated as Nonactionable Opinion; Defamation Amendments Denied as Patently Meritless

Date: Mar 13, 2026

Brown v. Register: Social-Media “Disloyal/Charlatan” Posts Treated as Nonactionable Opinion; Defamation Amendments Denied as Patently Meritless Court: Appellate Division of the Supreme Court, New...

Standing in NY Foreclosures: Judicial Estoppel Requires a Prior Favorable Judgment; Physical Possession of a Blank-Endorsed Note Proven by Business Records Establishes Standing

Date: Mar 13, 2026

Standing in NY Foreclosures: Judicial Estoppel Requires a Prior Favorable Judgment; Physical Possession of a Blank-Endorsed Note Proven by Business Records Establishes Standing 1. Introduction Case:...

Pleading Sufficiency for (1) Town Law § 265(1)(b) Supermajority-Protest Claims and (2) Implied Parkland Dedication/Public Trust Challenges to Rezoning

Date: Mar 13, 2026

Pleading Sufficiency for (1) Town Law § 265(1)(b) Supermajority-Protest Claims and (2) Implied Parkland Dedication/Public Trust Challenges to Rezoning Introduction Matter of Flatley v Town of...

High-Conflict Custody Modifications: Change in Circumstances, Sole Residential Custody, and Split Decision-Making Authority

Date: Mar 13, 2026

High-Conflict Custody Modifications: Change in Circumstances, Sole Residential Custody, and Split Decision-Making Authority Introduction Matter of Palmieri v. Glover (2026 NY Slip Op 01364) is a...

Deference to Municipal Rezoning and SEQRA Negative Declarations; “Incidental” Definition Not Facially Vague; Special-Facts Vested-Rights Claim Survives

Date: Mar 13, 2026

Deference to Municipal Rezoning and SEQRA Negative Declarations; “Incidental” Definition Not Facially Vague; Special-Facts Vested-Rights Claim Survives 1. Introduction Matter of Stewart Hill, LLC v...

When Cooperation Fails: Courts Must Set Specific Parenting-Time Schedules and Special-Occasion Protocols (Remittal Required)

Date: Mar 13, 2026

When Cooperation Fails: Courts Must Set Specific Parenting-Time Schedules and Special-Occasion Protocols (Remittal Required) 1. Introduction Matter of Zakaria v. Zakaria (Appellate Division, Second...

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