Ogundiran v. Spira
Second Department affirms dismissal of tenant’s claims against former property owner for retaliation, invasion of privacy, and property damage, finding insufficient pleading and statute of limitations bar.
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Civil Procedure
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Oberlander v. Simon
Second Department affirms dismissal of Judiciary Law Section 487 claim against successor attorney, holding complaint failed to plead proximate causation between alleged deceit and plaintiff’s injury.
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Oberlander v. Kriss
Second Department dismisses appeal from order of dismissal entered on plaintiffs’ default, holding CPLR 5511 bars direct appeal and proper remedy is motion to vacate default.
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Merola v. Narrows Medical Building Associates, LLC
Second Department affirms denial of motion to dismiss sidewalk fall claim, holding defendant failed to conclusively prove defect was exclusively in the curb and court erred by converting CPLR 3211 motion without notice.
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Matter of Jour v. Kitsis
Second Department denies mandamus petition by criminal defendant seeking to compel judge to decide pending motion, holding judicial decision-making is not a ministerial act subject to mandamus.
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Matter of Jelen v. Munoz
Second Department denies Article 78 prohibition petition seeking to bar judge from presiding over pending action, reaffirming extraordinary high bar for writs of prohibition.
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Khan v. Santana
Second Department affirms vacatur of order that had reinstated dismissed complaint, applying CPLR 5015 to a multi-layered default scenario in motor vehicle personal injury case.
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Jones v. New Two Star, LLC
Second Department affirms denial of motion to vacate note of issue where defendant waived deposition rights by failing to appear, but directs IMEs within 60 days.
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Jacobson v. Fein, Such & Crane, LLP
Second Department affirms denial of motion to dismiss Judiciary Law Section 487 claim against foreclosure attorneys, holding res judicata and collateral estoppel do not apply to counsel who were not parties to the prior action.
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Hodges v. 37-11 30th Street, LLC
Second Department reverses denial of summary judgment motion that was rejected solely for missing word count certification, remitting for determination on the merits.