Ziobro v. Milan House Inc.
First Department partially reinstates Labor Law Section 241(6) claim in construction debris case, finding stairwell was both passageway and work area and debris not integral to work.
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Soleil Chartered Bank v. Breton Equity Co. Corp.
First Department affirms dismissal of alter ego claim to pierce corporate veil, finding conclusory allegations of dominion and breach of contract alone insufficient.
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Rosario v. C.C. Controlled Combustion Co., Inc.
First Department reverses denial of summary judgment, dismissing Labor Law Section 200 and negligence claims against heating company that lacked actual supervisory control over injured worker.
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People v. Santiful
First Department strikes multiple boilerplate probation conditions as unrelated to rehabilitation of defendant convicted of biting an EMT, including gang, drug testing, and employment requirements.
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People v. Pleasant
First Department affirms second violent felony offender sentence, holding defendant waived Erlinger challenge to tolling determination by declining to deny predicate felony statement allegations.
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Ochoa v. C.I. Lobster Corp.
First Department reverses striking of plaintiff’s pleading where court’s own error in marking action disposed contributed to scheduling lapse, reinstating the case for discovery.
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Matter of Mpow Technology Co., Ltd. v. Amazon.com Services, LLC
First Department confirms arbitration award applying res judicata to bar second arbitration after prior voluntary stipulation of dismissal with prejudice on identical claims.
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Matter of Lent v. City of New York
First Department affirms dismissal of retired NYPD officer’s Article 78 petition as time-barred, holding that a letter requesting reconsideration does not restart the four-month statute of limitations.
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Lotus Residences LLC v. Northfield Insurance Co.
First Department affirms denial of vacatur of default judgment in insurance coverage dispute, finding plaintiffs failed to oppose the original motion and delayed nearly a year before seeking relief.
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Lotrean v. 3M Co.
First Department reverses denial of summary judgment in toxic tort case, finding plaintiffs failed to establish general causation linking defendants’ solvent products to Myelodysplastic Syndrome.