The First Department vacated a Section 1988 fee award because a successful hemp retailer challenged its OATH hearing only under state law and raised no federal claim until after judgment.
The First Department upheld a municipal relocation lien against Bronx property but replaced a personal judgment against the later purchaser with foreclosure and sale.
The First Department held that an asset buyer assumed contractual liability for a plaza-barricade accident even while the seller’s guards were still performing transition services.
The First Department held that a prior no-coverage default judgment had claim-preclusive effect despite an intervening arbitration award for the medical provider.
The First Department held that alleged family assurances and concealment did not equitably estop a limitations defense where the plaintiff knew of potential property claims but delayed suit.
The First Department reinstated a cooperative shareholder’s habitability claim because Real Property Law § 235-b cannot be waived through a proprietary-lease insurance release.
The First Department dissolved a stay because a party participated in arbitration by attending a conference, appointing an arbitrator, and answering before seeking judicial relief.
The First Department annulled DOE’s closure of a speech pathologist’s clearance application because settlement communications showed she could work for an independent vendor.
The First Department applied New York’s amended anti-SLAPP law to an email sent to government officials about a subcontractor’s performance on a City contract.
The First Department dismissed fraud theories based on Avaya projections because a sophisticated investor did not use its contractual information rights, while preserving part of a North Carolina securities claim.
The First Department held that a foreclosed owner lacked standing to attack post-sale bid assignments and that a nonparty purchaser could seek possession under RPAPL 221.
The First Department dismissed a contract suit against a Chinese toy manufacturer because a later Toy Fair conversation was neither purposeful New York business nor the source of the earlier breach.
The First Department reinstated conversion and restitution claims over a $2 million unauthorized wire used for a New York property investment, despite commingling and asserted recipient innocence.
The First Department vacated a custody order entered on default where a Florida mother cited safety fears, death threats, and inability to travel, and the child had long lived exclusively with her.
The First Department affirmed termination of a father’s parental rights based on abandonment and permanent neglect after sporadic contact, refusal of services, and no feasible plan for children living with grandparents.
The First Department reinstated class claims alleging fixed reletting and lease-break fees unlawfully circumvent New York landlords’ nonwaivable duty to mitigate damages.
The First Department upheld revocation of powers of attorney where agents paid themselves without invoices, billed legal rates for personal services, and mismanaged the principal’s accounts.
The First Department awarded an employee summary judgment on a New York City Human Rights Law cooperative-dialogue claim while leaving reasonable-accommodation claims for trial.
The First Department held that estate co-executors plausibly alleged an attorney-client relationship and damages from tax advice despite an engagement letter signed for the property-owning LLC.
The First Department held that contractual substance—including a 60-day termination right and transfer ban—supported treating health-care occupants as licensees rather than tenants.
The First Department held that Euroclear account statements authorized beneficial owners to sue on defaulted notes and that conflicting Chinese law did not excuse payment under a New York-law indenture.
The First Department held that a lender employee’s detailed testimony about an agent’s mailing system and incorporated records established compliance with RPAPL 1304.
The First Department upheld summary judgment on neglect where a mother acted aggressively and waved a lighter near an oxygen tank in front of her children, while prior unsafe conditions persisted.
The First Department affirmed termination of parental rights based on uncontroverted expert proof that the mother’s schizoaffective disorder made safe care impossible for the foreseeable future.