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| 403 W. 43 St. Rest. Inc. v. Ninth Ave. Realty, LLC, 10047, Index 100081/06,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trial court properly granted a landlord's motion to dismiss four causes of action by a tenant, because the landlord possessed the absolute right to terminate the lease, and the tenant had waived its right to challenge the bona fides of the landlord in a proceeding relating to possession of the premises.
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| A.C. v. D.R., 10053-10054, Index 350157/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trial court properly enjoined a mother from interfering with the father's decisions concerning their child's health care, as the trial court considered the best interests of the child, Domestic Relations Law § 70(a), in light of the mother's use of alternative therapies, her refusal to vaccinate the child, and other health care decisions.
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| Benesowitz v. Metropolitan Life Ins. Co., No. 45,
COURT OF APPEALS OF NEW YORK, January 11, 2007, Decided
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| Britt v. Pharmacologic Pet Servs., Inc., 500726,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Summary judgment granted to the employer for alleged liability, inter alia, under Vehicle and Traffic Law § 388(1) was affirmed because the uncontradicted evidence from the employee and a supervisor supported a conclusion that the employee did not have permission for personal use of the employer's van at the time of the accident.
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| Dlugosz v. O'Brien, 500621,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trial court properly granted defendant's motion to dismiss plaintiff's action seeking specific performance of a lease because plaintiff failed to show that there was a consummated delivery of the lease to defendant under circumstances evincing an intent by both parties that a landlord-tenant relationship be established.
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| Ermiger v. Black, 500960,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trial court properly granted partial summary judgment to plaintiff in an action to recover escrow funds because an agreement between the parties unambiguously included the granting of an easement over property to a homeowners' association in a declaratory judgment action as a condition for the return of the escrow funds.
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| GTFM, LLC v. Nagy, 10055, Index 602601/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trial court properly granted defendants' motion for summary judgment as to plaintiffs' allegation of tortious interference with prospective business relations, because the evidence was insufficient to raise a triable issue as to whether defendants had, in fact, received and improperly utilized plaintiffs' confidential information.
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| Hall v. Barth, 500902,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trial court properly denied appellants' summary judgment motion as to respondents' personal injury action arising from an auto accident because there was a triable issue of fact as to whether first respondent suffered a serious injury as defined by Insurance Law § 5102(d) to his neck in the accident.
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| Hunt v. Hunt, 501036,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Denial of award of prejudgment interest and costs in land partition action was affirmed, as issues of prejudgment interest on buyout amount and costs and disbursements were abandoned for failure to raise them on prior appeal; in addition, because instant court did not remit issues to lower court, they were properly rejected by that court.
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