The First Department affirmed termination of a father’s parental rights based on abandonment and permanent neglect after sporadic contact, refusal of services, and no feasible plan for children living with grandparents.
The First Department granted a plumber’s assistant summary judgment under Labor Law § 240(1) after he fell from sidewalk level into a below-ground entranceway while working beside an inadequate barrier.
The First Department enforced a discrimination order against a New York clothing business that refused an online sale for a same-sex wedding, rejecting jurisdictional and First Amendment defenses.
The First Department reinstated class claims alleging fixed reletting and lease-break fees unlawfully circumvent New York landlords’ nonwaivable duty to mitigate damages.
The First Department reinstated a City Human Rights Law retaliation claim, finding factual questions whether a $1.5 million NDA arbitration was intended to punish a former campaign employee for suing.
The Court of Appeals held that Kaleida Health’s self-insurance plan covered an on-call physician and qualified as insurance or equivalent coverage for allocating a malpractice settlement among carriers.
The Court of Appeals held that decades of exclusive maintenance supported summary judgment granting adverse-possession title to half of a private access road, over a dissent warning that shared use and permission presented factual disputes.
The Second Department dismissed claims against a notary and title company after an impostor conveyed another person’s property using identification that was not obviously false.
The Second Department ordered a new motor-vehicle liability trial, holding that a jury could find fault and that crash-damage photographs were probative of what drivers should have seen.
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.