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| Rubin v. Leshner, 9684, Index 7390/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Trial court erred in denying a prime tenant's motion for partial summary judgment as to a claim that a subtenant breached a sublease, as the subtenant was not deprived of the beneficial use and enjoyment of the premises, and as such, the subtenant failed to make out a defense based upon either actual or constructive eviction.
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| Sanchez v. State of New York, 99039,
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 entered judgment in favor of the State as to an inmate's action alleging negligent supervision because the inmate failed to show that the State had actual or constructive notice of an impending attack on the inmate and the State took sufficient precautions to protect the inmate under the circumstances.
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| Sanford v. Colgate Univ., 501110,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Dissident members failed to establish prima facie case of bad faith or fraud in a derivative action under N-PCL 623 to protest the sale of fraternity house to a university by the fraternity board because evidence showed that the board obtained an independent appraisal and exacted significant concessions and were protected by business judgment rule.
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| Solow Mgt. Corp. v. Tanger, 9057N, Index 4044/91,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: City marshal's motion pursuant to CPLR 8012 for poundage for levying upon certain assets of tenants, as judgment debtors, held by third party on their behalf, should have been denied because levy was released ex parte by marshal, who dealt directly with third party in violation of CPLR 5204, and without knowledge of landlord, judgment creditor.
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