The Appellate Division, Second Department affirms leave to amend a Child Victims Act complaint to correct an incorrectly listed address for a defendant Roman Catholic church, rejecting appellants’ argument that the amendment introduces a new defendant after the CVA revival window closed.
The Appellate Division, Second Department partially reverses dismissal of a creditor’s action to unwind allegedly fraudulent conveyances of two Brooklyn properties made seven years after a judgment was entered against the LLC debtor, reinstating causes of action under the Debtor and Creditor Law.
The Appellate Division, Second Department affirms annulment of a DHCR Deputy Commissioner determination that improperly declared a rent-stabilized Brooklyn apartment deregulated through high-rent vacancy, and upholds freezing the legal rent at $1,266 due to the owner’s failure to file annual rent registration statements since 2007.
The Appellate Division, Second Department reverses dismissal of an eminent domain claim against the State, holding that service of the claim on the Attorney General by regular mail — rather than personal service or certified mail — affects only the State’s time to file an appraisal, not the Court of Claims’ jurisdiction over the claim.
A claimant who filed within the Adult Survivors Act’s revival window cannot amend after that window closes to add entirely new incidents of sexual abuse beyond those pleaded in the original claim, even if the proposed incidents involve the same parties or the same correctional facilities.
The Appellate Division, Second Department affirms annulment of NYCERS denial of performance-of-duty disability retirement for a World Trade Center first responder, holding the Medical Board acted arbitrarily by ignoring how the paramedic’s sinus condition would interact with his actual job requirements — working in ambulances, confined spaces, and at hazmat scenes.
The Appellate Division, Second Department reverses a weapon possession conviction after finding that officers lacked reasonable suspicion to pursue a man who walked between two residential driveways, rendering the subsequent discovery of a discarded firearm the product of an unlawful seizure.
The Appellate Division, Second Department holds that CPLR Article 78 prohibition does not lie to challenge a criminal court’s evidence preclusion order under CPL 245.80(1)(a), even when the order would effectively prevent the prosecution from presenting its case.
The Appellate Division, Second Department imposed $8,000 in sanctions on an attorney and $2,500 on his firm after he submitted a brief containing three fictitious AI-generated case citations, fabricated Court of Appeals quotations that directly contradicted actual law, and misrepresentations of real cases — then denied using AI at oral argument.
The Appellate Division, Second Department reversed a denial of a CPLR 3211 motion to dismiss, holding that a former hospital concierge’s NYSHRL disability discrimination and retaliation claims failed because the complaint contained only conclusory allegations about his disability and did not plead facts showing he could perform in-person patient-contact work with a reasonable accommodation.
The Appellate Division, Second Department dismissed a nuisance suit brought by Forest Hills neighbors against West Side Tennis Club over concert noise at Forest Hills Stadium, holding that the noise is a public rather than private nuisance and that plaintiffs lacked the special injury “different in kind” required to bring a private public-nuisance action.
The Appellate Division, Second Department reversed a denial of summary judgment for a no-fault medical provider, holding that the insurer could not establish timely denial through insufficient employee affidavits and could not defend on causation with an incomplete peer review that failed to address the full medical record.
The Appellate Division, Second Department affirmed denial of a CPLR 3211 motion to dismiss, holding that a pre-litigation covenant not to sue did not “clearly and unequivocally” release the defendant from its own negligence and therefore could not bar the plaintiff’s Labor Law §§ 200, 240(1), and 241(6) claims.
The Appellate Division, Second Department reversed a plaintiff’s Labor Law § 240(1) summary judgment after defendants raised a triable issue of fact on the sole-proximate-cause defense, showing that a six-foot ladder was available but that the carpenter chose to use scissor clamps on a cement column instead.
New York’s Appellate Division, Second Department reversed summary judgment for a limousine company, holding that the Labor Law “taxicab exception” does not apply to Labor Law Article 6 wage claims, and that black car drivers operating under corporate service contracts may not fall within the Article 19 exception either.
The Appellate Division, Second Department modifies a Nassau County order to grant summary judgment dismissing an adverse possession counterclaim, holding that a metal fence erected in 2014 constitutes a de minimis non-structural encroachment deemed “permissive and non-adverse” under RPAPL 543(1), as amended in 2008 to curb bad-faith boundary-line squatting.
The Appellate Division, Second Department affirms confirmation of a $1.09 million FAA arbitration award in favor of a concrete subcontractor wrongfully terminated during the COVID-19 construction shutdown, rejecting the general contractor’s argument that the panel’s ruling manifestly disregarded the law.
The Appellate Division, Second Department affirms denial of summary judgment on a Labor Law § 240(1) Scaffold Law claim where conflicting testimony created a triable issue of fact as to whether a worker was struck by a suspended load moving under the force of gravity when a backhoe’s tire entered a depression in the roadway.
The Appellate Division, Second Department holds that a former seminarian’s race, sexual orientation, and disability discrimination claims against the Roman Catholic Archdiocese of New York and Cardinal Dolan are non-justiciable under the First Amendment’s ecclesiastical abstention doctrine, because adjudicating them would require the court to evaluate his progress in Catholic priestly “human formation” — an inquiry into religious doctrine the courts may not conduct.
The Appellate Division, Second Department affirms denial of class certification for Asian NYPD captains alleging race discrimination in discretionary promotions to Deputy Inspector, holding that conclusory assertions of seeking “widespread, systematic reform” are insufficient to satisfy CPLR 901(a)(5)’s superiority requirement.
The Appellate Division, Second Department holds that 42 U.S.C. § 9658 — CERCLA’s federal discovery rule for toxic tort statutes of limitations — applies to all state-law toxic tort actions involving hazardous substance exposure, even where no CERCLA liability exists. CPLR 214-c’s accrual date is displaced by the federally required commencement date in Brookhaven Landfill cancer-cluster litigation.