Estate of Annie Maliniak v. New York Methodist Hospital
Second Department affirms summary judgment for hospital in bed sore malpractice case, finding plaintiff’s expert opinions conclusory and lacking proper foundation.
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New York
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Deutsche Bank National Trust Co. v. Rivera
Second Department affirms dismissal of foreclosure action as time-barred under FAPA, holding voluntary discontinuance of prior action without express revocation of acceleration did not reset statute of limitations.
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Deutsche Bank National Trust Co. v. Iadevaia
Second Department affirms foreclosure proceeding after borrower breached repayment plan, holding the plan was a forbearance agreement not a settlement, but directing credit for payments made.
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Clendeninn v. Young
Second Department reverses $32,000 judgment for Fire Island tenant in COVID-19 lease dispute, holding unjust enrichment claim barred by valid lease and frustration of purpose issues remain triable.
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Chaya v. Maimonides Medical Center
Second Department partially modifies summary judgment order in neonatal malpractice case, dismissing two of four theories and informed consent claim while preserving claims for delayed surfactant and blood transfusion.
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Beaton v. Tomco Mechanical, Inc.
Second Department reverses denial of summary judgment in Rikers Island injury case, granting dismissal of Labor Law Section 200 claim where plaintiff relied on undisclosed witness and hearsay testimony.
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Bazarewski v. Town of Islip
Second Department affirms summary judgment for all defendants in parking lot trip-and-fall, applying multi-carrier facility exception to transit authority and prior written notice defense to municipalities.
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Antunez v. Denoia
Second Department reverses summary judgment for homeowner in bathroom renovation injury case, holding floor hole near wall being demolished raises triable issues under Labor Law Section 200 despite being visible.
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Abad v. 288 Water Street Owner, LLC
Second Department affirms two-hour cap on further deposition after 13 hours of prior questioning, enforcing the seven-hour presumptive limit under 22 NYCRR 202.20-b.
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75 Cohoes Realty Associates, LLC v. Machnick Builders, Ltd.
Second Department affirms dismissal of breach of warranty action, holding non-transferable construction warranties cannot be enforced by subsequent property owners.