Ali v. K&H Steinway LLC
Appellate Division affirms dismissal for failure to prosecute under CPLR 3216 where plaintiff failed to file note of issue within ninety-day demand period and did not provide affidavit of merit.
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New York
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Wilmington Savings Fund Society v. Rodriguez
Appellate Division reverses summary judgment in foreclosure action, finding plaintiff failed to demonstrate strict compliance with RPAPL 1304 ninety-day notice requirement.
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Williams v. State of New York
Appellate Division affirms dismissal of unjust conviction claim, finding claimant failed to prove actual innocence by clear and convincing evidence despite vacatur of murder conviction.
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US Bank Trust National Association v. Valencia
Appellate Division affirms denial of CPLR 317 motion to vacate default in foreclosure, finding defendant failed to show lack of actual notice and a meritorious defense.
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U.S. Bank, National Association v. Vetri
Appellate Division affirms denial of CPLR 3211(a)(10) motion to dismiss foreclosure for failure to join necessary parties, finding the motion untimely after entry of judgment of foreclosure and sale.
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U.S. Bank National Association v. Weiss
Second Department affirms mortgage foreclosure judgment, finding plaintiff established standing, default, and RPAPL 1304/1306 compliance, with defendant’s admissions supporting the case.
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Travelers Excess & Surplus Lines Co. v. Via Trivio Corp.
Second Department reverses discovery order compelling corporate defendant to provide authorizations for nonparty owner’s BAC and purchase records, holding proper mechanism is a nonparty subpoena.
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Soto v. Mastropieri
Second Department reverses summary judgment for driver and grants plaintiff pedestrian’s motion, striking untimely deposition errata sheet and finding defendant’s own testimony established negligence.
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Smith v. Maines Paper & Food Service, Inc.
Second Department affirms denial of summary judgment in rear-end collision case, holding court properly allowed defendants to cure unsworn expert submissions under CPLR 2001.
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Singh v. BSC, LLC
Second Department orders in camera inspection of prior motor vehicle accident records in premises liability case, balancing discovery needs against physician-patient privilege where relevance is uncertain.