Second Department affirms summary judgment for both City and abutting property owner in tree well trip-and-fall, holding Section 7-210 does not extend to city-owned tree wells and City lacked prior written notice.
Second Department affirms vacatur of order that had reinstated dismissed complaint, applying CPLR 5015 to a multi-layered default scenario in motor vehicle personal injury case.
Second Department partially modifies dismissal order in escrow dispute, preserving breach of contract and conversion claims against attorney who refused to return funds held since 2011.
Second Department affirms denial of motion to vacate note of issue where defendant waived deposition rights by failing to appear, but directs IMEs within 60 days.
Second Department affirms denial of motion to dismiss Judiciary Law Section 487 claim against foreclosure attorneys, holding res judicata and collateral estoppel do not apply to counsel who were not parties to the prior action.
Second Department reverses denial of summary judgment motion that was rejected solely for missing word count certification, remitting for determination on the merits.
Second Department affirms denial of preliminary and Yellowstone injunctions for parking lot licensee, holding license agreement with MTA subsidiary did not create landlord-tenant relationship.
Second Department affirms foreclosure judgment and dismisses appeal from intermediate order that merged into the final judgment of foreclosure and sale.
Second Department partially reverses dismissal of Labor Law Section 241(6) claim in emergency demolition power saw injury, finding triable issues on Industrial Code violations while affirming dismissal of Section 240(1) claim.
Second Department affirms denial of motion to vacate default in Court of Claims bicycle injury case, holding vague law office failure excuse insufficient.