New York Case Commentaries

People v Whatts: Remand Required When a Requested Mapp Hearing Was Never Ordered or Litigated

Date: Apr 4, 2026

People v Whatts: Remand Required When a Requested Mapp Hearing Was Never Ordered or Litigated 1. Introduction In People v Whatts (2026 NY Slip Op 01925), the Appellate Division, First Department...

Lack of Informed Consent Must Be Pleaded (Not Added by Bill of Particulars); Unopposed Malpractice Theories Are Dismissed on Summary Judgment

Date: Mar 29, 2026

Lack of Informed Consent Must Be Pleaded (Not Added by Bill of Particulars); Unopposed Malpractice Theories Are Dismissed on Summary Judgment Introduction In Heather J. v Rochester Regional Health...

Lease Reformation for Mutual Mistake Extinguishes Option-Based Claims, While Co-Venturer Fiduciary Duties May Survive a Business Fallout

Date: Mar 29, 2026

Lease Reformation for Mutual Mistake Extinguishes Option-Based Claims, While Co-Venturer Fiduciary Duties May Survive a Business Fallout Case: Laun v Stewart, 2026 NY Slip Op 01883 (App Div, 4th Dept...

Arruda v. New York Central Mutual: Water-Backup and Earth-Movement Exclusions Bar Coverage Beyond Limited Endorsement; CPLR 3212(f) Requires a Concrete Showing

Date: Mar 28, 2026

Arruda v. New York Central Mutual: Water-Backup and Earth-Movement Exclusions Bar Coverage Beyond Limited Endorsement; CPLR 3212(f) Requires a Concrete Showing 1. Introduction In Arruda v New York...

Fogel v. Kaleida Health: Pleading “Improper Practices” Under Public Health Law § 2801-b Without Naming the Statute; PHHPC Findings Not Preclusive

Date: Mar 28, 2026

Fogel v. Kaleida Health: Pleading “Improper Practices” Under Public Health Law § 2801-b Without Naming the Statute; PHHPC Findings Not Preclusive 1. Introduction Case: Fogel v Health, 2026 NY Slip Op...

Diligent Efforts for Incarcerated Parents: Agency Repeated Attempts and Incarceration-Related Visitation Barriers May Satisfy Social Services Law § 384-b

Date: Mar 28, 2026

Diligent Efforts for Incarcerated Parents: Agency Repeated Attempts and Incarceration-Related Visitation Barriers May Satisfy Social Services Law § 384-b Decision: Matter of Jonah M. (Davion D.),...

Prosecutorial Charge Selection Under Penal Law former § 130.96 Does Not Implicate Apprendi; General CSAAS Testimony Remains Admissible

Date: Mar 28, 2026

Prosecutorial Charge Selection Under Penal Law former § 130.96 Does Not Implicate Apprendi; General CSAAS Testimony Remains Admissible Introduction People v Litolff (Appellate Division, Fourth...

People v. Mitchell: Denial of Late CPL 250.10 Psychiatric Notice Absent Good Cause; Trespass Lesser-Included Charge Properly Refused Where No Reasonable View of Innocent Entry

Date: Mar 28, 2026

People v. Mitchell: Denial of Late CPL 250.10 Psychiatric Notice Absent Good Cause; Trespass Lesser-Included Charge Properly Refused Where No Reasonable View of Innocent Entry 1. Introduction In...

People v. Williams (4th Dept 2026): Admitting Prior CPL Article 440 Testimony as an Exculpatory Declaration Against Penal Interest When the Witness Invokes the Fifth

Date: Mar 28, 2026

Admitting Prior CPL Article 440 Testimony as an Exculpatory Declaration Against Penal Interest When the Witness Invokes the Fifth 1. Introduction In People v Williams, 2026 NY Slip Op 01881 (App Div...

Briggs v. Fresenius: CPLR 306-b Bars Sua Sponte Dismissal for Defective/Untimely Service; Vacatur Required in Substantial Justice

Date: Mar 28, 2026

Briggs v. Fresenius: CPLR 306-b Bars Sua Sponte Dismissal for Defective/Untimely Service; Vacatur Required in Substantial Justice 1. Introduction Briggs v Fresenius (App Div 3d Dept, Mar. 26, 2026)...

Arias v. Brooks Holdings Corp.: No Automatic Labor Law § 240(1) Summary Judgment When a Ladder Fall Is Triggered by an Electrical Blast Without Proof the Ladder or Other Gravity-Device Protection Was Inadequate

Date: Mar 28, 2026

Arias v. Brooks Holdings Corp.: No Automatic Labor Law § 240(1) Summary Judgment When a Ladder Fall Is Triggered by an Electrical Blast Without Proof the Ladder or Other Gravity-Device Protection Was...

Workers’ Compensation Law § 21 Presumption Applies to Unwitnessed Stair-Fall While Reporting Early to Change into Required Uniform; Rebuttal Requires Idiopathic Proof

Date: Mar 28, 2026

Workers’ Compensation Law § 21 Presumption Applies to Unwitnessed Stair-Fall While Reporting Early to Change into Required Uniform; Rebuttal Requires Idiopathic Proof Introduction Matter of Mondesir...

People v. Bryan: No Hearing Required on Contradicted Duress Claims; Unauthorized $1,000 Supplemental Sex Offender Victim Fee Vacated in the Interest of Justice

Date: Mar 28, 2026

People v. Bryan: No Hearing Required on Contradicted Duress Claims; Unauthorized $1,000 Supplemental Sex Offender Victim Fee Vacated in the Interest of Justice Introduction In People v Bryan...

EDTPA Immunity at the Pleading Stage: Documentary Proof Can Compel Dismissal; Conclusory Gross-Negligence and Pre‑COVID Negligence Allegations Do Not Survive

Date: Mar 28, 2026

EDTPA Immunity at the Pleading Stage: Documentary Proof Can Compel Dismissal; Conclusory Gross-Negligence and Pre‑COVID Negligence Allegations Do Not Survive 1. Introduction In Estate of Middleton v...

Powers v State of New York — Storm-in-Progress Requires an “Appreciable Accumulation”; Overnight Icing Response Can Establish Notice When a Paved Area Is Left Untreated

Date: Mar 28, 2026

Storm-in-Progress Requires an “Appreciable Accumulation”; Overnight Icing Response Can Establish Notice When a Paved Area Is Left Untreated Case: Powers v State of New York, 2026 NY Slip Op 01833...

Binding LOI Provisions Can Impose a Good-Faith Negotiation Duty and Bar Break-Fee Recovery Upon Material Breach

Date: Mar 28, 2026

Binding LOI Provisions Can Impose a Good-Faith Negotiation Duty and Bar Break-Fee Recovery Upon Material Breach Case: Sabre Oxidation Tech., Inc. v Superior Plus Corp., 2026 NY Slip Op 01835 (App...

Permissive Counterclaims and the “Impairment” Exception: Later Tort Claims from Prior Litigation Survive Unless They Undermine Rights Fixed in the First Action

Date: Mar 28, 2026

Permissive Counterclaims and the “Impairment” Exception: Later Tort Claims from Prior Litigation Survive Unless They Undermine Rights Fixed in the First Action Case: Berry v Batash, 2026 NY Slip Op...

Deflorio v. County of Nassau: When Evidence Shows an Unmarked Crosswalk, Vehicle and Traffic Law § 1152 Need Not Be Charged; Strong Deference to Jury Verdicts Under CPLR 4404(a)

Date: Mar 28, 2026

Deflorio v. County of Nassau: When Evidence Shows an Unmarked Crosswalk, Vehicle and Traffic Law § 1152 Need Not Be Charged; Strong Deference to Jury Verdicts Under CPLR 4404(a) 1. Introduction In...

Enforcing One-Year Contractual Limitations in Construction Trade Contracts; Incidental Beneficiaries Cannot Enforce Owner–Manager Settlements

Date: Mar 28, 2026

Enforcing One-Year Contractual Limitations in Construction Trade Contracts; Incidental Beneficiaries Cannot Enforce Owner–Manager Settlements Commentary on Extech Bldg. Materials, Inc. v J Cos., LLC,...

Defaulting Employers Forfeit the “Good Faith” Defense: Liquidated Damages Are Mandatory and Plaintiffs Must Be Heard on Individual “Employer” Status

Date: Mar 28, 2026

Defaulting Employers Forfeit the “Good Faith” Defense: Liquidated Damages Are Mandatory and Plaintiffs Must Be Heard on Individual “Employer” Status Case: Jin Gang Huang v Long Hing Kitchen, Inc.,...