Frankel v. 59 Sands Point, LLC
Second Department affirms foreclosure judgment and dismisses appeal from intermediate order that merged into the final judgment of foreclosure and sale.
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Civil Procedure
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Fagan v. State of New York
Second Department affirms denial of motion to vacate default in Court of Claims bicycle injury case, holding vague law office failure excuse insufficient.
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Abad v. 288 Water Street Owner, LLC
Second Department affirms two-hour cap on further deposition after 13 hours of prior questioning, enforcing the seven-hour presumptive limit under 22 NYCRR 202.20-b.
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Reese v. City of New York
First Department affirms denial of motion to vacate settlement stipulation, finding counsel-of-record had apparent authority to settle and plaintiff’s four-month delay constituted implicit ratification.
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U.S. Bank v. Pasion — ICA Affirms Foreclosure Summary Judgment on Standing and Default Notice
The ICA affirmed summary judgment in a judicial foreclosure, holding that U.S. Bank established standing through a collateral tracking report proving note possession at filing, and that challenges to loan accounting raised for the first time on appeal were waived.
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Cuyler v. Freedom Mortgage — Second DCA Dismisses Appeal of Nonfinal Orders in Foreclosure Action
The Second DCA dismisses an interlocutory appeal of four nonfinal orders in a foreclosure action, clarifying the distinction between appealable punitive damages rulings and dismissals for procedural non-compliance.
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Monroeville v. Gray Matter Advisors — Court affirms receivership over data center companies
The Sixth District affirmed the appointment of a receiver over data center companies where the principals acknowledged inability to pay debts and provided no documentary evidence of future solvency.
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Veller v. K.B. — Court dismisses appeal after finding trial court lacked jurisdiction during prior appeal
The Sixth District dismissed an appeal after finding the trial court lacked jurisdiction to rule on summary judgment motions while a prior appeal involving related parties was pending.
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Robinson v. Robinson — Court upholds dismissal sanction and arrearage judgment in child support dispute
The Second District upheld dismissal of a father’s support modification motion as a discovery sanction and the conversion of $71,627 in child support arrearages into a money judgment.
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Veritext v. Newman Law Group — Court affirms judgment for unpaid court reporting fees against law firm
The Second District affirmed a $50,748 judgment against a law firm for unpaid court-reporting services, holding the firm was primarily liable regardless of its clients’ separate agreement to pay.