First Department reverses leave to amend, holding that former Class B members of Delaware LLCs lack derivative standing after involuntary withdrawal, and that the fraud exception requires pleading specific facts showing the transaction was designed solely to strip derivative standing.
First Department reverses dismissal for lack of personal jurisdiction, holding that a foreign shipping company’s use of New York paying agents, depositories, and underwriters for preferred-stock dividends constitutes transacting business in New York under CPLR 302(a)(1).
First Department affirms Labor Law § 240(1) summary judgment and rejects a Workers’ Compensation exclusivity defense, holding that shared insurance and the same building location do not prove alter ego status between a property owner, manager, and general contractor.
First Department affirms Labor Law § 240(1) summary judgment for a plumber injured when an extension ladder slid, holding that trips to retrieve materials for ongoing work constitute protected ancillary activity under the Scaffold Law.
First Department reinstates a Labor Law § 241(6) claim for a worker who tripped on a floor inlay in a corridor after finding genuine fact issues on whether the space was a ‘passageway’ under the Industrial Code, and holds the integral-to-work doctrine inapplicable absent evidence of active work on the hazard.
First Department affirms Labor Law § 240(1) summary judgment for a sheetrock worker who fell from an unsecured ladder, and holds that a Spanish-language affidavit lacking a translator certification was inadmissible under CPLR 2101(b), taking down all documents it purported to authenticate.
The First Department reversed denial of a CPLR 3213 motion, holding that a promissory note’s subordination clause—which governed creditor priority but did not expressly bar suit—did not restrict the junior noteholder’s right to sue upon default.
The First Department upheld Labor Law §241(6) and §200 liability arising from a Bronx building floor collapse caused by stored-material overloading, and modified the order to award full contractual indemnification against the general contractor.
The First Department affirmed denial of § 240(1) summary judgment where a 350-pound duct fell on a construction worker, because medical records recorded by a treating physician described the injury as occurring during manual lifting—raising a triable issue on whether an elevation-related hazard was involved.
The First Department affirmed Labor Law § 240(1) summary judgment where a worker was forced to use an A-frame ladder leaning against a wall for ceiling work, while reversing indemnification claims against a plumbing subcontractor whose prior work had no causal connection to the accident.
The First Department affirmed $2.78 million in additional restitution against equipment leasing fraud defendants under Executive Law § 63(12), rejecting attempts to relitigate resolved liability findings and sustaining the AG’s restitution calculation formula.
The First Department upheld denial of accidental disability retirement to an NYPD officer with PTSD from witnessing a fellow officer stabbed through the eye, holding that confronting on-duty violence falls within the inherent risks of police work and is not an ‘accident’ for pension purposes.
The First Department reversed summary discharge of a mechanic’s lien, holding that Lien Law § 19(6) authorizes discharge only for facial defects in the notice of lien—substantive validity challenges belong in a foreclosure action, not a summary discharge proceeding.
The First Department held that ‘funds’ in a liability policy exclusion includes student tuition, but affirmed the insurer’s duty to defend because student class actions seek compensatory and other damages beyond a simple tuition refund.
The First Department reversed a Bronx jury verdict and ordered a new trial because the plaintiff failed to call her treating orthopedic surgeon while allowing a later-treating physiatrist to read the surgeon’s causation letter into evidence—creating reversible missing witness error.
The First Department affirmed that a good guy guarantor was released upon surrender because the tenant was current on accrued rent obligations—restoration costs that had not yet accrued as of the surrender date do not prevent the guaranty’s discharge.
The First Department reversed reinstatement of a sexual harassment claim against a condo board whose president allegedly harassed his personal assistant, holding that NYCHRL employer liability requires an employment relationship—agency alone is insufficient.
The First Department reinstated a detective’s NYCHRL/NYSHRL retaliation claims after he objected to a supervisor’s national-origin remark and his gun and shield were confiscated days later, while affirming dismissal of his Civil Service Law §75-b and discrimination claims.