Second Department affirms dismissal of multiple contract claims by adult care facility operator against village: lease assignment in 2012 stripped plaintiffs of standing to sue for breach of lease and its amendments, and those claims were time-barred in any event.
Second Department affirms foreclosure summary judgment and rejects criminal usury counterclaim where defendants failed to raise a triable issue of fact that the effective interest rate exceeded the criminal threshold; affirms guaranty enforcement after mortgage assignment.
Second Department reverses CPLR article 53 recognition of a Chinese money judgment as procedurally premature — summary judgment motions to enforce foreign judgments may not be brought before the defendant has answered — and finds State Department country reports insufficient on the due process question.
Second Department affirms that a HOA lien foreclosure purchaser who recorded its deed after a bank notice of pendency was filed had constructive notice of the bank foreclosure and cannot pursue a quiet title claim under RPAPL article 15.
The Appellate Division, Second Department holds that a trial court exceeded its authority by sua sponte converting a trespass and nuisance action into an RPAPL 881 special proceeding, while affirming the preliminary injunction against renovation work on a plaintiff’s adjoining Brooklyn property wall and rejecting dismissal of the trespass and nuisance claims.
The Appellate Division, Second Department reverses a Court of Claims denial of a late-claim motion, holding that the claimants’ submission sufficiently demonstrated the claim’s apparent merits—a critical statutory factor under Court of Claims Act § 10(6)—even though the court found no reasonable excuse for the delay in identifying the State as the road’s owner.
The Appellate Division, Second Department partially reverses summary judgment in favor of Good Samaritan Hospital in a spinal surgery malpractice action, holding that the hospital may be vicariously liable for post-discharge outpatient radiology services ordered by the treating surgeon through the hospital—extending the accrual date for the hospital’s limitations defense.
The Appellate Division, Second Department affirms denial of a CPLR 3211 motion to dismiss gender- and national-origin discrimination, retaliation, and aiding-and-abetting claims against French Connection’s holding companies and individual supervisors, and allows jurisdictional discovery to proceed on the English parent holding company.
The Appellate Division, Second Department reverses a trial court’s post-verdict dismissal and reinstates a jury’s finding that an FDNY ambulance struck a bicyclist at a Brooklyn intersection and fled the scene, holding that GPS evidence and eyewitness testimony provided a rational basis for the verdict.
The Appellate Division, Second Department affirms summary judgment dismissing race discrimination and retaliation claims under the NYSHRL and NYCHRL brought by a former MetroPlus executive whose employment was terminated following a state Medicaid audit, finding defendants provided a legitimate non-discriminatory reason that plaintiff failed to show was pretextual.
The Appellate Division, Second Department partially reverses dismissal of a homeowner’s claims against a fire-damage contractor who deposited a two-party insurance check without the homeowner’s endorsement, holding the conversion and unjust enrichment claims against the corporation survive the contractor’s authorization form defense.
The Appellate Division, Second Department holds that a property owner whose building partially collapsed due to unsupported neighboring excavation work may amend its complaint under CPLR 3025(b) to add the consulting engineer whose negligence allegedly contributed to the collapse, even though the amendment comes years into the litigation.
The Appellate Division, Second Department vacates a $2.5 million default judgment against a funeral home and orders a new inquest, finding the lower court abused its discretion in failing to vacate the inquest ruling in the face of evidence that the damages determination was improperly rendered.
The Appellate Division, Second Department affirms leave to amend a Child Victims Act complaint to correct an incorrectly listed address for a defendant Roman Catholic church, rejecting appellants’ argument that the amendment introduces a new defendant after the CVA revival window closed.
The Appellate Division, Second Department partially reverses dismissal of a creditor’s action to unwind allegedly fraudulent conveyances of two Brooklyn properties made seven years after a judgment was entered against the LLC debtor, reinstating causes of action under the Debtor and Creditor Law.
The Appellate Division, Second Department reverses dismissal of an eminent domain claim against the State, holding that service of the claim on the Attorney General by regular mail — rather than personal service or certified mail — affects only the State’s time to file an appraisal, not the Court of Claims’ jurisdiction over the claim.
A claimant who filed within the Adult Survivors Act’s revival window cannot amend after that window closes to add entirely new incidents of sexual abuse beyond those pleaded in the original claim, even if the proposed incidents involve the same parties or the same correctional facilities.
The Appellate Division, Second Department affirms annulment of NYCERS denial of performance-of-duty disability retirement for a World Trade Center first responder, holding the Medical Board acted arbitrarily by ignoring how the paramedic’s sinus condition would interact with his actual job requirements — working in ambulances, confined spaces, and at hazmat scenes.
The Appellate Division, Second Department holds that CPLR Article 78 prohibition does not lie to challenge a criminal court’s evidence preclusion order under CPL 245.80(1)(a), even when the order would effectively prevent the prosecution from presenting its case.
The Appellate Division, Second Department dismissed a nuisance suit brought by Forest Hills neighbors against West Side Tennis Club over concert noise at Forest Hills Stadium, holding that the noise is a public rather than private nuisance and that plaintiffs lacked the special injury “different in kind” required to bring a private public-nuisance action.
The Appellate Division, Second Department reversed a denial of summary judgment for a no-fault medical provider, holding that the insurer could not establish timely denial through insufficient employee affidavits and could not defend on causation with an incomplete peer review that failed to address the full medical record.
The Appellate Division, Second Department affirmed denial of a CPLR 3211 motion to dismiss, holding that a pre-litigation covenant not to sue did not “clearly and unequivocally” release the defendant from its own negligence and therefore could not bar the plaintiff’s Labor Law §§ 200, 240(1), and 241(6) claims.
New York’s Appellate Division, Second Department reversed summary judgment for a limousine company, holding that the Labor Law “taxicab exception” does not apply to Labor Law Article 6 wage claims, and that black car drivers operating under corporate service contracts may not fall within the Article 19 exception either.
The Appellate Division, Second Department affirms denial of class certification for Asian NYPD captains alleging race discrimination in discretionary promotions to Deputy Inspector, holding that conclusory assertions of seeking “widespread, systematic reform” are insufficient to satisfy CPLR 901(a)(5)’s superiority requirement.