Babadzhanov v. B & L Health, Inc.
The Second Department affirmed dismissal of a breach of contract claim based on an oral loan agreement, finding no meeting of the minds as to material terms.
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New York
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BP3 Capital, LLC v. 5120 Realty Corp.
Appellate Division affirms judgment of foreclosure and sale, upholding summary judgment for lender and denial of borrower’s motion to amend answer with meritless defenses.
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BAC Home Loan Servicing, LP v. MacPherson
Appellate Division affirms leave to amend foreclosure complaint to add party that acquired interest in mortgaged property during pendency of action.
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Abdelrazek v. 12-15 Broadway Astoria, LLC
Appellate Division reverses to grant class certification in rent overcharge action, finding tenants satisfied CPLR 901 requirements for building-wide class of rent-stabilized occupants.
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582 Gates, LLC v. Throop and Gates, Inc.
Appellate Division affirms ejectment and nearly $600,000 in use and occupancy damages against gas station operator, plus distribution of foreclosure surplus funds.
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Wells Fargo Bank, N.A. v. Whyte
Appellate Division affirms denial of pro se defendant’s motion to challenge foreclosure counsel’s authority, finding loan servicer’s CPLR 2106 affirmation sufficient.
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Thilly v. New York Presbyterian Hospital
Appellate Division grants leave to replead disability discrimination claim for denial of parental NICU access, dismissing vague breach of contract claim against hospital.
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Stillpoint Meadows PH-62, LLC v. 62 Cooper Square Condominium
Appellate Division affirms dismissal of breach of fiduciary duty claim against condominium board, finding governing documents authorized $32,000 paver replacement assessment.
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People v. Pedraza
Appellate Division affirms denial of CPL 440.10 motion alleging ineffective assistance for failure to negotiate immigration-favorable plea and advise of immigration consequences.
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People v. Ingram
Appellate Division affirms sentence and denial of CPL 440.20 motion, finding defendant waived Erlinger argument by admitting to tolling periods in predicate felony offender statement.