The First Department affirmed Scaffold Law summary judgment where an unsecured beam fell from above, holding that the accident itself showed inadequate elevation protection.
The First Department held that a foreclosed owner lacked standing to attack post-sale bid assignments and that a nonparty purchaser could seek possession under RPAPL 221.
The First Department upheld NYC DOT’s renewal of competitively bid contracts without a new fair-and-reasonable-price finding, deferring to a rational reading of procurement rules.
The First Department dismissed a contract suit against a Chinese toy manufacturer because a later Toy Fair conversation was neither purposeful New York business nor the source of the earlier breach.
The First Department reinstated conversion and restitution claims over a $2 million unauthorized wire used for a New York property investment, despite commingling and asserted recipient innocence.
The First Department reinstated a former portfolio manager’s claim for advancement of legal expenses under fund agreements that expressly survived the end of service.
The First Department held that an LLC agreement’s express no-third-party-beneficiary clause barred an affiliated consultant’s contract claim but allowed quantum meruit to proceed.
The First Department vacated a custody order entered on default where a Florida mother cited safety fears, death threats, and inability to travel, and the child had long lived exclusively with her.
The First Department affirmed termination of a father’s parental rights based on abandonment and permanent neglect after sporadic contact, refusal of services, and no feasible plan for children living with grandparents.
The First Department granted a plumber’s assistant summary judgment under Labor Law § 240(1) after he fell from sidewalk level into a below-ground entranceway while working beside an inadequate barrier.
The First Department enforced a discrimination order against a New York clothing business that refused an online sale for a same-sex wedding, rejecting jurisdictional and First Amendment defenses.
The First Department reinstated class claims alleging fixed reletting and lease-break fees unlawfully circumvent New York landlords’ nonwaivable duty to mitigate damages.
The First Department reinstated a City Human Rights Law retaliation claim, finding factual questions whether a $1.5 million NDA arbitration was intended to punish a former campaign employee for suing.
The First Department upheld revocation of powers of attorney where agents paid themselves without invoices, billed legal rates for personal services, and mismanaged the principal’s accounts.
The First Department held that a revocable trust containing no transferred assets could not govern a decedent’s estate and refused to imply a gift contrary to the instrument’s limited text.
The First Department affirmed termination of a father’s parental rights after diligent agency efforts and his failure to visit consistently or complete a tailored service plan.
The First Department affirmed Labor Law §§ 240(1) and 241(6) liability where a mason fell from a moving scaffold lacking guardrails and usable harness anchor points.
The First Department awarded an employee summary judgment on a New York City Human Rights Law cooperative-dialogue claim while leaving reasonable-accommodation claims for trial.
The First Department held that estate co-executors plausibly alleged an attorney-client relationship and damages from tax advice despite an engagement letter signed for the property-owning LLC.
The First Department held that contractual substance—including a 60-day termination right and transfer ban—supported treating health-care occupants as licensees rather than tenants.
The First Department held that Euroclear account statements authorized beneficial owners to sue on defaulted notes and that conflicting Chinese law did not excuse payment under a New York-law indenture.
The First Department held that a lender employee’s detailed testimony about an agent’s mailing system and incorporated records established compliance with RPAPL 1304.
The First Department upheld summary judgment on neglect where a mother acted aggressively and waved a lighter near an oxygen tank in front of her children, while prior unsafe conditions persisted.
The First Department affirmed termination of parental rights based on uncontroverted expert proof that the mother’s schizoaffective disorder made safe care impossible for the foreseeable future.