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.