Decision: 2020.04.30 Argument: 2020.03.17 vid. tr. Whether the arbitration panel exceeded its authority when it reconsidered the partial final award it had previously issued–common law doctrine of functus officio; arbitration…
2019 – 2020 Term
Bill Birds, Inc. v. Stein Law Firm P.C.
Decision: 2020.03.31 Argument: 2020.02.13 vid. tr. Whether plaintiffs raised a triable issue of fact on their claim alleging a violation of Judiciary Law § 487; plaintiffs alleged that defendants engaged…
Cayuga Nation v. Campbell
Decision: 2019.10.29 Argument: 2019.09.05 vid. tr. Dispute over which of two competing factions should have control as the lawful governing body of the Cayuga Nation, a sovereign Indian Nation; subject…
Centi v. McGillin
Decision: 2019.12.19 Argument: 2019.11.20 vid. tr. Dispute over money accumulated from illegal bookmaking business–whether loan agreement involving funds is enforceable.
Collazo v. Netherland Property Assets LLC
Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Tenants’ claim of rent overcharge by landlord allegedly taking advantage of luxury decontrol provisions of the Rent Stabilization Law while simultaneously receiving tax incentives…
Colon v. Martin
Decision: 2020.03.07 Argument: 2020.04.00 SUBMISSION Whether Supreme Court properly dismissed plaintiffs’ complaint for failure to comply with General Municipal Law § 50-h; plaintiffs demanded that each plaintiff be permitted to…
Deutsche Bank v. Barclays; Deutsche Bank v. HSBC
Decision: 2019.11.25 Argument: 2019.10.17 vid. tr. Whether plaintiff trustee’s breach of contract claims were barred by California’s four-year statute of limitations, pursuant to the borrowing statute of CPLR 202; defendant…
Haar v. Nationwide Mutual Fire Ins. Co.
Decision: 2019.11.21 Argument: 2019.10.16 vid. tr. The U.S. Court of Appeals for the Second Circuit certified the following question: “Does New York Public Health Law Section 230(11)(b) create a private…
He v. Troon Management
Decision: 2019.10.24 Argument: 2019.09.10 vid. tr. Whether New York City Administrative Code § 2-710 imposes a nondelegable duty on out-of-possession landlord to keep sidewalk free of ice and snow; commercial…
Henry v. Hamilton Equities
Decision: 2019.10.24 Argument: 2019.09.10 vid. tr. Liability of out-of-possession landlords for condition of nursing home premises where plaintiff nurse was injured in a slip and fall incident–whether exception to out-of-possession…
Lubonty v. U.S. Bank N.A.
Decision: 2019.11.25 Argument: 2019.10.17 vid. tr. Whether six-year statute of limitations for defendant’s foreclosure action was tolled pursuant to CPLR 204(a) because of plaintiff’s two bankruptcy filings, which invoked the…
Maddicks v. Big City Properties
Decision: 2019.10.22 Argument: 2019.09.04 vid. tr. Whether pre-answer dismissal regarding class action allegations was premature; putative class of rent-stabilized tenants alleged that defendants engaged in systematic effort to avoid compliance…
Matter of Adirondack Wild v. New York State Adirondack Park Agency
Decision: 2019.10.22 Argument: 2019.09.05 vid. tr. In a CPLR article 78 proceeding challenging Department of Environmental Conservation’s approval of Essex Chain Lakes Complex Unit Management Plan, whether certain causes of…
Matter of Bohlen v. DiNapoli
Decision: 2020.02.13 Argument: 2020.01.08 vid. tr. Whether New York State Retirement System properly excluded longevity allowance payments from petitioners’ final average salaries in calculating retirement benefits; application of Retirement and…
Matter of Ferreyra v. Arroyo
Decision: 2020.05.21 Argument: submission Whether petitioner established a prima facie case that respondent candidate’s designating petition was permeated with fraud.
Matter of Franklin Street v. New York City Environmental Control Board
Decision: 2019.12.17 Argument: 2019.11.19 vid. tr. Challenge to determinations of the New York City Environmental Control Board (ECB) which found that petitioners engaged in unauthorized outdoor advertising–buildings displaying signs promoting…
Matter of Hawatmeh v. New York State Board of Elections
Decision: 2020.05.21 Argument: submission Whether, under emergency deadlines created as a result of the coronavirus pandemic, a potential candidate’s late filing of a document with election officials was a fatal…
Matter of Krug v. City of Buffalo
Decision: 2019.11.26 Argument: 2019.10.24 vid. tr. In a CPLR article 78 proceeding to annul respondent’s denial of petitioner’s request to be defended in a civil action alleging that petitioner police…
Matter of Leggio v. Devine
Decision: 2020.02.13 Argument: 2020.01.09 vid. tr. Whether Suffolk County Department of Social Services properly determined that child support payments for two of petitioner’s children, both full-time college students, counted as…
Matter of Mejia v. New York City Board of Elections
Decision: 2020.05.21 Argument: submission Whether, under emergency deadlines created as a result of the coronavirus pandemic, a potential candidate’s late filing of a document with election officials was a fatal…
Matter of Mujumder v. New York City Board of Elections
Decision: 2020.05.21 Argument: submission Whether, under emergency deadlines created as a result of the coronavirus pandemic, a potential candidate’s late filing of a document with election officials was a fatal…
Matter of National Fuel Gas Supply Corp. v. Schueckler
Decision: 2020.06.25 Argument: 2020.06.02 vid. tr. Whether petitioner natural gas company held qualifying federal permit under Eminent Domain Procedure Law (EDPL) 206(A), thereby exempting it from standard hearing and findings…
Matter of O’Donnell v. Erie County
Decision: 2020.03.26 Argument: 2020.02.11 vid. tr. Whether the Appellate Division erred in affirming the Workers’ Compensation Board’s determination on the basis that an April 2017 amendment to Workers’ Compensation Law…
Matter of Plastic Surgery Group v. Comptroller of the State of New York
Decision: 2019.12.17 Argument: 2019.11.21 vid. tr. Whether CPLR 3122(a)(2), which generally requires that a subpoena requesting the production of a patient’s medical records be accompanied by a written authorization by…
Matter of Regina v. New York State Division of Housing and Community Renewal
Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Whether look-back period for rent overcharge claim is limited to four years before overcharge complaint is filed; whether defendants engaged in fraud in deregulating…
Matter of Seawright v. New York City Board of Elections
Decision: 2020.05.21 Argument: submission Whether, under emergency deadlines created as a result of the coronavirus pandemic, a potential candidate’s late filing of a document with election officials was a fatal…
Matter of Seon v. New York State Department of Motor Vehicles
Decision: 2020.06.25 Argument: 2020.06.02 vid. tr. Whether there is substantial evidence in the record to support the determination of the Administrative Law Judge that petitioner, New York City Transit bus…
Matter of Vega (Postmates)
Decision: 2020.03.26 Argument: 2020.02.11 vid. tr. Whether claimant, who was engaged as a courier for Postmates Inc., was an employee of the company for unemployment insurance purposes—whether there is substantial…
Matter of Walsh v. New York State Comptroller
Decision: 2019.11.25 Argument: 2019.10.16 vid. tr. In CPLR article 78 proceeding challenging the denial of performance of duty disability retirement benefits under Retirement and Social Security Law § 607-c, whether…
Plavin v. Group Health Incorporated
Decision: 2020.03.24 Argument: 2020.02.11 vid. tr. The U.S. Court of Appeals for the Third Circuit certified the following questions: Where a contract of insurance is negotiated by sophisticated parties such…
Raden v. W 7879, LLC
Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Whether look-back period for rent overcharge claim is limited to four years before overcharge complaint is filed; whether defendants engaged in fraud in deregulating…
Reich v. Belnord Partners
Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Whether Supreme Court properly dismissed as time-barred plaintiffs’ claim for rent overcharges based on defendants’ failure to charge rent stabilized rents while receiving J-51…
Rivera v. State of New York
Decision: 2019.11.25 Argument: 2019.10.24 vid. tr. Whether the Court of Claims properly concluded that the State was not vicariously liable for the actions of a corrections officer; whether corrections officer,…
Taylor v. 72A Realty Associates, L.P.
Decision: 2020.04.02 Argument: 2020.01.07 vid. tr. Action to recover rent overcharges for apartment leased as exempt from rent regulation while landlord received tax incentives under the City’s J-51 program–Whether the…
Town of Delaware v. Leifer
Decision: 2019.11.21 Argument: 2019.10.16 vid. tr. Action by town to enjoin defendant landowner from holding outdoor festival on his land without applying for a use variance—whether the outdoor festival with…
Vanyo v. Buffalo Police Benevolent Association, Inc.
Decision: 2019.12.17 Argument: 2019.11.19 vid. tr. In an action by former police officer alleging improper termination following arbitration conducted pursuant to collective bargaining agreement; whether Supreme Court properly dismissed the…