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…
September Session
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…
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…