Kinnier v. City of Long Beach
The Second Department affirmed summary judgment for the City of Long Beach in a trip-and-fall case, finding no prior written notice of a protruding bolt on a parking sign in a grassy median.
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New York
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Killeen v. Spolar
The Second Department affirmed denial of a motion to vacate dismissal of a medical malpractice action, finding the plaintiff failed to demonstrate a reasonable excuse for not appearing at a court conference.
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Foddrell v. Utica First Insurance Co.
The Second Department affirmed judgment for the insurer in a direct action under Insurance Law § 3420, finding the insured’s willful failure to cooperate with the defense justified the coverage disclaimer.
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Etienne v. Pepsi-Cola Bottling Co. of N.Y., Inc.
The Second Department affirmed denial of enhanced sanctions against plaintiffs who voluntarily discontinued a personal injury action, finding no showing of frivolous conduct under 22 NYCRR 130-1.1.
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Dual Diagnosis Treatment Ctr. v. Yellowstone Capital W., LLC
The Second Department partially reinstated claims against merchant cash advance defendants, finding allegations of duress sufficient to challenge a release and sustain abuse of process and Judiciary Law § 487 claims.
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Deutsche Bank National Trust Co. v. Julius
The Second Department affirmed denial of summary judgment in a mortgage foreclosure, finding Deutsche Bank failed to demonstrate standing as holder or assignee of the note at commencement.
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Davis v. Rodriguez
The Second Department affirmed denial of summary judgment in an e-bike collision case, finding the defendants’ own evidence presented conflicting accounts of the accident.
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County of Nassau v. NY Youth Sports Network, Inc.
The Second Department reversed a preliminary injunction and vacated a sua sponte declaration that a lease had terminated, finding no motion for summary judgment was pending and no irreparable harm was shown.
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Collé v. Saunders
The Second Department affirmed dismissal of a breach of contract claim, holding that Real Property Law § 442-d bars an unlicensed party from recovering fees for services facilitating a property sale.
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Castro v. Castro
The Second Department reversed a default judgment quieting title, finding that ‘nail and mail’ service under CPLR 308(4) was improper where the plaintiff failed to exercise due diligence.