The Second Department reinstated claims against Uber entities because they failed to eliminate factual disputes over whether a driver was an employee or independent contractor.
The Second Department allowed a 9/11 family’s malpractice claim to proceed, finding alleged conduct could establish representation without a signed retainer and toll limitations.
The Second Department held that a defamation suit over a campaign email qualified for New York anti-SLAPP protection and affirmed more than $22,000 in fee awards.
The Second Department upheld dismissal of a mortgage foreclosure after the lender waited roughly 15 years to seek more time for service and offered no excuse for the delay.
The First Department upheld revocation of powers of attorney where agents paid themselves without invoices, billed legal rates for personal services, and mismanaged the principal’s accounts.
The First Department held that a revocable trust containing no transferred assets could not govern a decedent’s estate and refused to imply a gift contrary to the instrument’s limited text.
The First Department affirmed termination of a father’s parental rights after diligent agency efforts and his failure to visit consistently or complete a tailored service plan.
The First Department affirmed Labor Law §§ 240(1) and 241(6) liability where a mason fell from a moving scaffold lacking guardrails and usable harness anchor points.
The First Department awarded an employee summary judgment on a New York City Human Rights Law cooperative-dialogue claim while leaving reasonable-accommodation claims for trial.
The First Department held that estate co-executors plausibly alleged an attorney-client relationship and damages from tax advice despite an engagement letter signed for the property-owning LLC.
The First Department held that contractual substance—including a 60-day termination right and transfer ban—supported treating health-care occupants as licensees rather than tenants.
The First Department held that Euroclear account statements authorized beneficial owners to sue on defaulted notes and that conflicting Chinese law did not excuse payment under a New York-law indenture.
The Second Department imposed Labor Law § 240(1) liability where unsecured concrete blocks fell from a scaffold onto a mason working below.
The Second Department enforced redline deletions from a construction indemnity clause, excluding purely economic losses while leaving consequential security costs for trial.
Applying California law in a New York action, the Second Department preserved an employee’s contract counterclaim but dismissed a duplicative implied-covenant claim that conflicted with at-will terms.
The Second Department held that a lender’s voluntary discontinuance did not reset an accelerated mortgage debt’s limitations period under the Foreclosure Abuse Prevention Act.
The Second Department held that filing an order to show cause on NYSCEF did not satisfy Lien Law § 59’s personal-service requirement for vacating a mechanic’s-lien bond.
The Second Department held that a home builder plausibly alleged that the parties’ course of conduct modified written change-order requirements, preserving its lien and contract claims.
The First Department held that a lender employee’s detailed testimony about an agent’s mailing system and incorporated records established compliance with RPAPL 1304.
The First Department upheld summary judgment on neglect where a mother acted aggressively and waved a lighter near an oxygen tank in front of her children, while prior unsafe conditions persisted.
The First Department affirmed termination of parental rights based on uncontroverted expert proof that the mother’s schizoaffective disorder made safe care impossible for the foreseeable future.
The First Department upheld a $1.2 million verdict, including lost profits, where a landlord failed to clear violations and diligently assist a preschool tenant with its fire-alarm approvals.
The Fourth Department vacated a 17-year-old’s drug plea because prosecutors used nonspecific, unsupported allegations rather than sworn personal-knowledge facts to establish extraordinary circumstances.
The Fourth Department allowed a late employment-discrimination notice of claim because the employee’s timely grievance gave BOCES actual knowledge and preserved its ability to investigate.