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 proceeding arising out of litigation involving an insurance claim payment; summary judgment.
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 in a pattern of legal delinquency.
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 matter jurisdiction–whether determination of the controversy is beyond the authority of the courts of New York as usurping the sovereign right of the people of…
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 under the City of New York’s J-51 program–whether Supreme Court abused its discretion in determining that most of plaintiffs’ claims were within the specialized expertise…
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 be present while other testified at § 50-h hearing and municipal defendants refused, resulting in § 50-h hearing not being conducted; whether General Municipal Law…
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 banks alleged to have breached representations and warranties made in connection with the sale of residential mortgage-backed securities pooled in trust; whether claim accrued in…
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 right of action for bad faith and malicious reporting to the Office of Professional Medical Conduct?”
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 lease assigned the duty to clear snow and ice to tenant.
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 landlord rule set forth in Putnam v. Stout, 38 N.Y.2d 607 (1976) applies where the owner has a duty to repair under its contract with…
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 automatic stay under 11 USC § 362(a); limitation of actions; RPAPL 1501(4) action to cancel and discharge mortgage on real property.
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 with rent-stabilization law; whether Supreme Court’s sua sponte dismissal of complaint based on arguments not raised by defendants was improper.
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 action were ripe for judicial review; whether a rational basis exists for the determination of the Department of Environmental Conservation that the Wild, Scenic and…
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 Social Security Law § 431.
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 the law offices of the attorney shareholder of the corporate building owners–whether the ECB’s determinations are arbitrary and capricious or contrary to the plain language…
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 defect that required disqualifying the candidate from the 2020 primary election. Related cases: Matter of Mujumder v. New York City Board of Elections; Matter of…
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 officer assaulted a civilian, whether the denial of petitioner’s request for a defense was arbitrary and capricious; whether conduct occurred while petitioner was acting within…
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 household income for purposes of determining eligibility for Supplemental Nutrition Assistance Program benefits. *Disclaimer: Phil or Scott worked on this matter in a prior job.
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 defect that required disqualifying the candidate from the 2020 primary election. Related cases: Matter of Mujumder v. New York City Board of Elections; Matter of…
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 defect that required disqualifying the candidate from the 2020 primary election. Related cases: Matter of Mejia v. New York City Board of Elections; Matter of…
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 procedure of EDPL article 2; Federal Energy Regulatory Commission granted petitioner’s application for a certificate of public convenience and necessity to construct 97-mile natural gas…
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 § 15(3)(w) no longer requires a claimant to demonstrate an ongoing attachment to the labor market.
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 the patient, applies to a subpoena duces tecum served by the Comptroller during the course of an audit of a medical provider.
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 apartment and whether deviation from rent stabilization was willful; whether plaintiffs are entitled to treble damages or attorneys’ fees.
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 defect that required disqualifying the candidate from the 2020 primary election. Related cases: Matter of Mujumder v. New York City Board of Elections; Matter of…
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 driver, failed to exercise due care and that such failure caused pedestrian serious physical injury, Vehicle and Traffic Law § 1146. *Disclaimer: Phil or Scott…
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 evidence of an employer-employee relationship.
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 substantial evidence supports the Comptroller’s determination that petitioner failed to demonstrate that her injuries were the “natural and proximate result of [ ] an act…
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 as the City of New York and an insurance company, and where hundreds of thousands of City employees and retirees are third-party beneficiaries of that…
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 apartment and whether deviation from rent stabilization was willful; whether plaintiffs are entitled to treble damages or attorneys’ fees.
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 tax benefits.
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, who assaulted inmate, was acting outside the scope of officer’s employment; Pleading–Answer–whether the Court of Claims abused its discretion in allowing State to amend its…
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 Appellate Division erred in recognizing a residential rent overcharge computation starting more than four years before the action was commenced, and failing to dismiss 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 presentation of music falls within the zoning code definition of a “theater” prohibited in the town’s Rural District; claimed violations of defendant’s First Amendment rights.
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 first and second causes of action alleged in the amended complaint as time-barred; whether relation-back doctrine of CPL 203(f) applies to the first and second…