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| Byrne v. Leblond, 2005-00477 (Index No. 38696/93),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: In light of a dispute regarding whether the outgoing attorneys were discharged with or without cause, the trial court should have conducted a hearing to resolve the issue and erred in summarily fixing the amount of compensation based upon one-third of a rejected settlement offer.
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| Cathedral Fourth Dev. Corp. v. Bd. of Assessors, 2004-00967 (Index No. 3738/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Developer's challenge to real estate tax assessments as excessive should have been brought under N.Y. Real Prop. Tax Law art. 7 instead of N.Y. C.P.L.R. art. 78; furthermore, developer had failed to exhaust administrative remedies as to certain requests for correction of assessments.
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| Coinmach Corp. v. Alley Pond Owners Corp., 2005-10059,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: A trial court's grant of a preliminary injunction was proper pursuant to N.Y. C.P.L.R. 6301 in a landlord-tenant dispute regarding use and occupancy, as the tenant made the requisite showing; the parties' status as of the pre-lockout time was controlling for purposes of the maintaining the status quo during the pendency of the proceedings.
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| Crum & Foster Ins. Co. v. N.Y., 2004-09856 (Claim No. 109161),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: It was error under N.Y. Ct. Cl. Act § 10(6) to grant a subrogation claimant's motion for leave to serve a late claim for recovery of property and personal injury damages paid to it insureds, arising from a motor vehicle accident, as the three-year limitations period of N.Y. C.P.L.R. 214 for such claims had expired.
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| DeNicola v. Assured Sprinkler & Mech., Inc., 2004-06716, Index No. 3939/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Where defendants showed that an accident on a roof was not based on an elevation-related risk, summary judgment dismissal of the injured plaintiffs' N.Y. Lab. Law § 240(1) claim was proper; a portion of a parapet wall fell on plaintiff while an air conditioning unit on a roof was removed, and plaintiff was on the roof at the time.
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| Deitz v. Huibregtse, 2003-05446, 2003-06670,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Since drivers always had a duty, under both common law and N.Y. Veh. & Traf. Law § 1146, to be on the lookout for pedestrians, jurors should not have been instructed on emergency doctrine where there was no evidence of particular negligence on part of pedestrians who were hit.
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| Dixon v. Forman, 7663, Index 102943/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 24, 2006, Decided , January 24, 2006, Entered
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| Eveready Ins. Co. v. Modeste, 2005-06472 (Index No. 43047/03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Where a trial court temporarily stayed arbitration pursuant to N.Y. C.P.L.R. art. 75 of an uninsured motorist claim pending commencement of an action in Alabama to litigate the coverage issue due to a lack of personal jurisdiction in New York, and the action was not commenced, the stay was lifted and arbitration was to proceed.
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| Farmer v. City of New York, 2004-04816 (Index No. 643/02),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 24, 2006, Decided
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Overview: Where an out-of-possession landlord failed to make a prima facie showing in a plaintiff's personal injury action, arising from a trip-and-fall on an adjacent sidewalk, that the landlord did not create an alleged sidewalk defect and that it did not derive a benefit from any special sidewalk use, summary judgment in favor of the landlord was error.
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