The First Department reinstated a cooperative shareholder’s habitability claim because Real Property Law § 235-b cannot be waived through a proprietary-lease insurance release.
The First Department upheld Labor Law § 241(6) liability for icy construction stairs but found factual disputes over whether the staircase was a § 240(1) safety device.
The First Department dissolved a stay because a party participated in arbitration by attending a conference, appointing an arbitrator, and answering before seeking judicial relief.
The First Department annulled DOE’s closure of a speech pathologist’s clearance application because settlement communications showed she could work for an independent vendor.
The First Department applied New York’s amended anti-SLAPP law to an email sent to government officials about a subcontractor’s performance on a City contract.
The First Department held that a return-of-funds exclusion reaches tuition and fees, but class claims seeking broader damages still trigger advancement of defense costs.
The First Department dismissed fraud theories based on Avaya projections because a sophisticated investor did not use its contractual information rights, while preserving part of a North Carolina securities claim.
The Court of Appeals held that CPL 30.30(6) applies to appeals pending when the 2020 reform took effect, even where the guilty-plea conviction predated the statute.
The Court of Appeals held that CPL 30.30(6) preserves statutory speedy-trial review after a guilty plea but does not prevent a defendant from expressly waiving that review.
The Second Department affirmed specific performance of a real-property sale after the buyers established readiness, willingness, and ability to close and the sellers raised no factual dispute.
The Second Department reduced a SORA designation from level three to level two because prosecutors identified no aggravating factor omitted from the risk instrument.
The Second Department held that an attempted-murder defendant was not entitled to a DVSJA resentencing hearing because his submissions did not corroborate domestic abuse at the time of the offense.
The Second Department upheld seizure of a gun seen in plain view after a plate database inquiry on an illegally parked vehicle indicated the plates might be stolen.
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 Court of Appeals held that postplea statements did not trigger the narrow Lopez preservation exception because the defendant never moved to withdraw or vacate her plea.
The Court of Appeals held that Penal Law justification may apply when prosecutors prove child endangerment through the defendant’s use of force and ordered a new trial.
The Court of Appeals removed a town justice after racially biased remarks, adverse credibility findings, prior cautions, and a continuing failure to appreciate the effect on public confidence.
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.