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.