The Fourth Department affirmed denial of a homeowner’s motion for summary judgment dismissing third-party claims after a temporary basement staircase collapsed, holding that the homeowner’s instruction to use as few fasteners as possible raised triable questions about whether he created the dangerous condition.
The Fourth Department reversed summary judgment for property-owner defendants and reinstated a real estate broker’s commission claim, finding that post-expiration text messages discussing incoming offers created a triable issue whether the parties formed an implied-in-fact contract for brokerage services.
The Fourth Department dismissed a district attorney’s Article 78 petition seeking to overturn a court order barring re-presentment to a grand jury and denying unsealing under CPL 160.50(1), holding that unsealing applications are civil in nature and cannot be challenged via Article 78.