Second Department reverses summary judgment for Toll Brothers developer: general contractor failed to eliminate triable issues of fact as to whether it had supervisory authority over concrete delivery operations — that question must go to trial.
Second Department affirms denial of summary judgment for Archdiocese of New York and Church of St. Bernard in a CVA case alleging 1960s abuse: defendants failed to eliminate triable issues of fact as to constructive notice of the abuser’s propensity.
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 affirms that a commercial landlord cannot enforce lease provisions requiring a tenant to hold the landlord harmless and bear sole insurance obligations when the landlord’s own negligence caused the tenant’s property damage—here, a roof collapse. General Obligations Law § 5-321 voids the exculpatory clauses.
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.