Lilly v. State of New York
First Department mostly denies dismissal of disability discrimination claims against state Assembly member as employer, but strikes aiding-and-abetting counts where he was the sole alleged discriminator.
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New York
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Katiraeifar v. New York-Presbyterian
First Department reverses denial of summary judgment in medical malpractice case, finding plaintiff’s experts failed to specifically rebut defense expert’s opinions on standard of care and causation.
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Hubshman v. 1010 Tenants Corp.
First Department reinstates breach of proprietary lease claim where cooperative amended lease provisions eliminating penthouse shareholder’s exclusive roof garden rights without required consent.
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Gantt v. City of New York
First Department modifies order, denying summary judgment to all parties in multi-vehicle accident where both bus and truck committed Vehicle and Traffic Law violations, creating triable issues of comparative fault.
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City of New York v. Crest Housing Co., LLC
First Department affirms summary judgment for tenant, holding landlord cannot collect additional rent based on tax escalations for taxes reduced by ICAP abatement that landlord did not actually pay.
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Cattan v. Rohner
First Department affirms forum non conveniens dismissal of derivative action brought on behalf of Swiss bank Credit Suisse, finding claims lacked substantial nexus with New York and arose under Swiss law.
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Bermeo v. Master Plumbing & Heating, Inc.
The First Department affirmed Labor Law § 240(1) liability for injuries from an unsecured sprinkler pipe that toppled onto a construction worker, finding the gravitational force was not de minimis.
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Arizzo v. Ethicon, Inc.
The First Department reversed dismissal of employment discrimination claims, holding that the State and City HRL require liberal construction and a corporate parent may be liable as an ’employer’ under the integrated employer test.
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Whitney v. Lawson
The Second Department affirmed denial of summary judgment for both a property owner and wire owner in a motorcycle accident caused by a low-hanging communications wire weighed down by a fallen tree branch.
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U & Me Homes, LLC v. County of Suffolk
The Second Department reversed a judgment declaring a groundwater protection restrictive covenant void, finding the County had authority to impose the covenant and it properly ran with the land.