People v. Merino — False deed may be void without a forged signature
The Second Department held that CPL 420.45 may render a fraudulent deed void from inception after a false-filing conviction even when no signature was forged.
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Civil Procedure
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People ex rel. Liles v. Richards — Bail release pauses the 90-day custody clock
The Second Department held that release on bail pauses CPL 30.30(2)(a)’s 90-day custody clock and that later recommitment resumes, rather than resets, the count.
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Matter of C & L Concrete — Construction subcontract cannot be forced into arbitration
The Second Department permanently stayed arbitration against a demolition subcontractor whose contract required mediation followed by litigation and contained a void unilateral arbitration option.
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Matter of 826 Marcy Avenue — DHCR properly denied substantial-rehabilitation exemption
The Second Department upheld DHCR’s denial of a rent-stabilization exemption because the owner failed to prove serious deterioration and replacement of 75% of building systems.
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Digangi v. NYC School Construction Authority — Three-foot skid-steer fall falls outside Scaffold Law
The Second Department held that a three-foot fall from a skid-steer step was outside Labor Law § 240(1), while negligence and an illumination-based § 241(6) theory survived.
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Cohen v. A 2019 Nissan — Suffolk vehicle-forfeiture law survives constitutional challenge
The Second Department upheld Suffolk County’s DWI vehicle-forfeiture law and found forfeiture of a $21,000 Nissan proportionate to a repeat felony DWI involving extreme speeding.
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Sczesnik v. MB Landau — J-51 tenants must prove knowing deregulation fraud
The Second Department held that J-51 tenants had not proved knowing deregulation fraud on summary judgment, but rejected the landlords’ contractual attorney-fee claim.
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853 Lexington v. JB Lexington — Buyer keeps title despite manager’s alleged sham sale
The Second Department protected a $3.85 million buyer that reasonably relied on an LLC manager’s apparent authority despite an undisclosed later operating agreement.
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Culp v. Silverline Services — Merchant cash advance survives usury claim but loses injunction
The Second Department preserved fraud claims over merchant-cash-advance withdrawals but vacated an injunction because the borrower lacked evidence of likely success and irreparable harm.
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M&T Bank v. Global Sign Cleaning — Second Department defines good cause for late service
The Second Department held that documented reasonable diligence establishes mandatory good cause for a CPLR 306-b extension and that reservice may precede a traverse hearing.
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Allstate v. Cabrera — Driver lacked coverage under deceased owner’s policy
The Second Department held that Allstate owed no defense or indemnity to a driver who was neither the deceased insured’s estate representative nor an authorized temporary custodian.
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Kinzler v. Ascend Learning — ‘Legal claims’ clause excludes equitable claims
The Second Department held that an arbitration clause covering ‘legal claims’ did not reach quantum-meruit and constructive-fraud claims.
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Flouret v. Sagland — Entity-owned land falls outside New York’s heirs-property act
The Second Department held, in a case of first impression, that land wholly owned by a trust and an LLC is not heirs property under RPAPL 993.
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DLJ Mortgage Capital v. Pittman — FAPA revives limitations defense despite prior appeal
The Second Department held that FAPA made a 2013 foreclosure untimely based on a 2002 acceleration and allowed reconsideration despite an earlier appeal because the statute changed governing law.
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Matter of Ghokassian — Divided court upholds termination of father’s parental access
A divided Second Department upheld sole custody and termination of scheduled parental access, while the dissent would have ordered therapeutic visits for two younger children and held the mother in contempt.
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Armstrong v. Dumbo Lofts Rental — Rent-stabilization fraud claims survive summary judgment
The Second Department reinstated rent-stabilization fraud and rent-freeze claims because the landlord’s conclusory affidavit did not eliminate factual disputes over deregulation and registration practices.
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ARLO 67, LLC v. Doyle — Second Department defines good-faith deed-theft investigations
The Second Department held that a deed-theft investigation is in good faith when it has a nontrivial factual basis and reasonable investigative steps, even without probable cause or proof of fraud.
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Fabo v. 89 Hicks Street — Tenants may amend rent-overcharge class action to seek default formula
The Second Department allowed tenants to amend a rent-overcharge class action to pursue the default formula under a newly supported regulatory theory.
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D & A Grandview v. 60 Davidson — Oil-spill claim survives against owner but not LLC manager
The Second Department allowed a neighboring-property negligence claim after an oil spill and fire but dismissed conclusory theories and all claims against the LLC’s manager.
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C.B. v. Neal — Honda failed to eliminate airbag design and manufacturing defect claims
The Second Department reinstated strict products-liability claims because Honda did not eliminate factual disputes about an airbag system’s design, manufacture, and warnings.
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AB International Investments v. GFE NY — Second Department narrows alter-ego and constructive-trust claims
The Second Department dismissed constructive-trust and duplicative claims where the complaint alleged no fiduciary relationship or reliance transfer involving the affiliate that received disputed contract funds.
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Bandele v. Rasier-NY — Uber entities face trial on vicarious liability
The Second Department reinstated vicarious-liability claims against Uber entities because driver-control issues remained disputed, while finding the driver and vehicle owners liable for the rear-end crash.
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Beltran Technologies v. Citibank — New York lacks jurisdiction over Dutch bank in wire-transfer scam
The Second Department held that a Dutch bank’s passive receipt of a fraud-induced wire into a Netherlands account did not establish personal jurisdiction in New York.
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11H, LLC v. Adegunle — Second Department confirms CPLR 3220 permits attorney-fee shifting
The Second Department held that CPLR 3220’s post-offer “expenses” include attorney fees and affirmed an $11,473 award after the plaintiff recovered less than the defendant’s contract-damages offer.