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.
The Fourth Department upheld a three-month retroactive limit on a nursing-home resident’s Medicaid undue-hardship waiver because she did not request the waiver with her original application.
The Fourth Department held that a father’s child-sex-offense convictions collaterally estopped him from relitigating the same abuse issues in pending Family Court article 10 proceedings.
The Fourth Department held that police had probable cause to arrest a knife-brandishing bar patron even though later-reviewed video showed the off-duty officer complainant initiated the fight.
The Fourth Department held that an unambiguous 1989 deed conclusively conveyed the disputed right-of-way segment and that unilateral mistake without fraud could not support reformation.
The Fourth Department held that a public-employee union agreement requiring dues through the annual revocation window was an enforceable payment obligation, not unlawful liquidated damages.
After a second remand, the First Department held Bergdorf Goodman security remained private despite using NYPD forms, calling 911, and transferring a suspect to police.
The First Department upheld rent stabilization where registrations conflicted with leases and the owner could not document apartment-specific improvements supporting deregulation.
A divided First Department dismissed negligent-supervision claims against The Carsey-Werner Company because no alleged assault occurred on its premises or through its resources.
The First Department held that comparative claims about lower-emission gasoline were not deceptive and corporate sustainability messages were not tied closely enough to consumer sales.
The Second Department restored Labor Law §§ 200 and 240(1) claims because defendants’ late cross-motion did not address nearly identical issues raised by a timely motion.
The Second Department entered judgment on a $300,000 construction loan because the signer never disclosed that he purportedly acted for the property-owning LLC.
The Second Department held reverse-mortgage owners equitably estopped from asserting limitations where repeated occupancy certifications caused the lender’s delay.
The Second Department upheld rescission of homeowner policies where the application described a one-family home but the property contained three separate dwelling units.
The Second Department held that an auto dealer waived arbitration by omitting the defense, conducting discovery, declining ADR, and waiting approximately 18 months to move.
In a case of first impression, the Second Department held that the voluntary-payment doctrine did not bar a ticket buyer’s claim over fees allegedly hidden until after ticket selection.