Civil Procedure Cases
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Civil Procedure

New YorkCivil ProcedureEmployment
Appellate Division, First Department
Uncategorized

Qi v. Famous Sichuan N.Y. Inc. — Failure to Raise COVID Toll in Original Wage-Claim Motion Bars Renewal; Belated Argument Treated as Improper Reargument

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The First Department affirmed denial of a Labor Law wage-claim plaintiff’s motion to renew his opposition to a statute-of-limitations cross-motion, holding that his failure to raise the COVID-19 Executive Order toll in the original motion — despite knowing about it — converted the renewal attempt into an improper reargument with no appellate remedy.

New YorkCivil ProcedureEmploymentPersonal Injury & Tort
Appellate Division, First Department
Uncategorized

Amondi v. Promise Home Care Agency — Adult Survivors Act Revives Expired Assault Claims; Default Vacated on Detailed Law-Office-Failure Showing

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The First Department affirmed vacatur of a procedural default and permission to file an amended complaint alleging sexual assault claims revived by the Adult Survivors Act (CPLR 214-j), holding that expired assault and battery claims are properly revived when the underlying conduct constitutes a ‘sexual offense’ under Penal Law article 130.

New YorkCivil ProcedureFamily Law
Appellate Division, First Department
Uncategorized

Matter of Gc.M. — Family Court Sexual Abuse Finding Affirmed; Out-of-Court Statements Adequately Corroborated by Behavioral Evidence and Respondent Admissions

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The First Department unanimously affirmed Family Court’s finding that appellant sexually abused D.C. and derivatively abused three other children in his care, holding that the child’s out-of-court statements were adequately corroborated by consistent prior disclosures, behavioral changes, and the respondent’s own admissions — no expert witness or physical injury evidence required.

New YorkAttorney DisciplineCivil Procedure
Appellate Division, First Department
Uncategorized

Matter of Chilliest — Four-Year Suspension for Estate Fund Misappropriation; Rule 8.4(h) Applies Alongside Rule 1.15 Violations

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The First Department imposed a four-year suspension on an attorney who misappropriated estate sale proceeds, commingled client funds, and failed to maintain required bookkeeping records, and clarified that RPC Rule 8.4(h) applies cumulatively alongside Rule 1.15 violations — not merely as a catch-all for conduct not otherwise covered.

New YorkCivil ProcedureLien LawReal Estate
Appellate Division, First Department
Uncategorized

Matter of 170 W. End Ave. Owners Corp. — Mechanic’s Lien Extinguished After One-Year Deadline; No Vacatur Can Revive Expired Lien

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The First Department unanimously affirmed extinguishment of a mechanic’s lien under Lien Law §17 after the elevator contractor failed to foreclose within one year, holding that CPLR 321(c) automatic substitution did not apply (counsel died before proceedings began) and that a conclusory law-office-failure excuse cannot vacate a default when the lien has already expired by operation of law.

New YorkBanking & FinanceCivil ProcedureReal Estate
Appellate Division, First Department
Uncategorized

Rouge v. U.S. Bank Trust N.A. — FAPA Bars Mortgage Lender’s Toll Claim; Six-Year Statute of Limitations Extinguishes Note and Mortgage

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The First Department affirmed cancellation of a $786,450 mortgage and promissory note under RPAPL 1501(4), holding that FAPA’s retroactive elimination of the RPAPL 1301(3) toll bars lenders from claiming extra limitations time during the pendency of a prior foreclosure action — constitutional challenges to FAPA’s retroactivity rejected.

New YorkCivil ProcedureReal EstateRent Stabilization
Appellate Division, First Department
Uncategorized

Laspina v. 340 E. 198th St. LLC — Pre-HSTPA Lease Signed but Commencing on HSTPA’s Effective Date Leaves Apartment Rent-Stabilized

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The First Department reversed and granted tenants summary judgment, holding that a vacancy lease signed before but commencing on the HSTPA’s June 14, 2019 effective date is subject to rent stabilization — execution date is irrelevant; the commencement date controls whether the HSTPA’s repeal of luxury deregulation applies.

New YorkCivil ProcedureLabor LawPersonal Injury & Tort
Appellate Division, First Department
Uncategorized

DePhillips v. Tishman Construction — Labor Law §241(6) Upheld for Snowy Staircase Fall

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The Appellate Division, First Department unanimously affirmed Labor Law §241(6) liability for a construction worker who slipped on a snow-covered staircase, and held that joint-venture partners and investor entities with site-management authority qualify as ‘owners’ subject to strict Scaffold Law liability.

New YorkBreach of ContractBusiness LawCivil Procedure
Appellate Division, First Department
Uncategorized

Napolitano v. Bounce 21 — ABC Law § 126 Violation Does Not Void Consulting Agreement Under Illegality Doctrine

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First Department reinstates a consultant’s claims against a sports bar, holding that ABC Law § 126(1) — a malum prohibitum regulation — does not automatically void a profit-sharing consulting agreement under New York’s illegality doctrine absent evidence the contract required an illegal act to be performed.

New YorkBusiness LawCivil ProcedureCorporate Governance
Appellate Division, First Department
Uncategorized

Kaye v. Merchant Factors Corp. — Director Removal Valid Under Original By-Laws Even Though Amended By-Laws Were Never Ratified

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First Department affirms dismissal of a director’s reinstatement claim, holding that board removal for cause was valid under the corporation’s original by-laws — which remained in effect after amended by-laws failed to obtain required shareholder approval — and that citing the wrong by-law provision in the meeting notice was not a fatal defect.

New YorkBreach of ContractCivil ProcedureCorporate Governance
Appellate Division, First Department
Uncategorized

AMF Trust Ventures v. i80 Group — Former LLC Members Lose Derivative Standing Under Delaware’s Continuous Ownership Rule

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First Department reverses leave to amend, holding that former Class B members of Delaware LLCs lack derivative standing after involuntary withdrawal, and that the fraud exception requires pleading specific facts showing the transaction was designed solely to strip derivative standing.

New YorkBreach of ContractCivil ProcedureJurisdiction
Appellate Division, First Department
Uncategorized

Katz v. Navios Maritime — NY Long-Arm Jurisdiction Found Where Foreign Issuer Routed Dividends Through New York Paying Agent

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First Department reverses dismissal for lack of personal jurisdiction, holding that a foreign shipping company’s use of New York paying agents, depositories, and underwriters for preferred-stock dividends constitutes transacting business in New York under CPLR 302(a)(1).

New YorkCivil ProcedureLabor LawPersonal Injury & Tort
Appellate Division, First Department
Uncategorized

Carranza-Rafael v. LRC Construction — Scaffold Law Verdict Affirmed, Spanish Affidavit Struck Under CPLR 2101(b)

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First Department affirms Labor Law § 240(1) summary judgment for a sheetrock worker who fell from an unsecured ladder, and holds that a Spanish-language affidavit lacking a translator certification was inadmissible under CPLR 2101(b), taking down all documents it purported to authenticate.

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