Decision: 2020.10.20 Argument: 2020.09.09 vid. tr. Whether New York law recognizes ʺcross‐jurisdictional class action tolling,ʺ i.e., tolling of a New York statute of limitations by the pendency of a class action in another jurisdiction. Whether a non‐merits dismissal of class certification can terminate class action tolling, and if so, whether the Orders at issue here,…
2020 – 2021 Term
Chen v. Insurance Co. of State of PA
Decision: 2020.11.24 Argument: 2020.10.14 vid. tr. Whether excess insurer defendant waived argument relating to its obligation to cover interest on personal injury judgment. Whether Supreme Court properly granted reargument to consider interest issue. Whether Supreme Court properly interpreted excess insurance policy.
CIT Bank N.A. v. Schiffman
Decision: 2021.03.30 Argument: 2021.02.09 vid. tr. The questions certified from the Second Circuit in this case are (i) what showing must a defendant make to establish that the plaintiff in a mortgage foreclosure action failed to comply with Real Property Actions and Procedure Law (RPAPL) § 1304; and (ii) where there are multiple borrowers on…
CNH Diversified Opportunities Master Account, L.P. v. Cleveland Unlimited, Inc.
Decision: 2020.10.22 Argument: 2020.09.10 vid. tr. Whether Supreme Court properly dismissed plaintiffs’ breach of contract claim based on parties’ indenture, which tracked the language of section 316(b) of the Trust Indenture Act of 1939 (15 USC § 77ppp(b)) and provided that bondholder’s right to receive payment or to bring enforcement suit shall not be impaired…
Cutaia v. Board of Managers of 160/170 Varick Street
Decision: 2022.04.28 Argument: 2022.03.16 vid. tr. 2021.03.24 vid. tr. Whether plaintiff established entitlement to summary judgment on the Labor Law § 240(1) claim; plaintiff was injured when he received electrical shock and fell off ladder; application of Nazario v. 222 Broadway, LLC, 28 N.Y.3d 1054 (2016).
Deutsche Bank v. Morgan Stanley
Decision: 2020.12.22 Argument: 2020.11.17 vid. tr. Whether plaintiff sufficiently pleaded gross negligence to render “sole remedy” clauses in parties’ residential mortgage-backed security agreements unenforceable, thereby permitting a claim for compensatory damages; whether plaintiff’s allegations of wrongdoing against it were sufficient to support a demand for punitive damages.
DiLorenzo v. Windermere
Decision: 2020.11.19 Argument: 2020.10.14 vid. tr. Whether defendants, original and successor owner of residential building, substantiated defendants’ claims that they made sufficient expenditures for individual apartment improvements, thereby rendering subject apartment exempt from rent stabilization; whether plaintiff waived claim regarding useful life of improvements.
Ditech Financial, LLC v. Naidu
Decision: 2021.02.18 Argument: 2021.01.05 vid. tr. Whether plaintiff’s execution of a stipulation to discontinue prior foreclosure action constituted an affirmative act to revoke plaintiff’s election to accelerate the mortgage, thereby rendering subsequent foreclosure action timely. Related Case: Freedom Mortgage Corp. v. Engel; Vargas v. Deutsche Bank National Trust Co.; Wells Fargo Bank NA v. Ferrato.
Doe v. Bloomberg LP
Decision: 2021.02.11 Argument: 2021.01.07 vid. tr. Whether an individual owner or officer of corporate employer may be held strictly liable under the New York City Human Rights Law (Administrative Code of City of NY § 8-107(13)(b)) where plaintiff fails to allege that individual owner or officer encouraged, condoned or approved of alleged discriminatory conduct.
Freedom Mortgage Corp. v. Engel
Decision: 2021.02.18 Argument: 2021.01.05 vid. tr. Whether mortgagee’s voluntary discontinuance of prior foreclosure action constituted an affirmative act of revocation of its prior election to accelerate the mortgage debt; prior foreclosure action discontinued by so-ordered stipulation, which was silent on issue of revocation of election to accelerate. Related Cases: Ditech Financial, LLC v. Naidu; Vargas…
Greene v. Esplanade Venture Partnership
Decision: 2021.02.18 Argument: 2021.01.06 vid. tr. Whether Supreme Court improvidently exercised its discretion to grant that branch of plaintiffs’ motion which was for leave to amend the complaint to add a cause of action sounding in negligent infliction of emotional distress, alleging, among other things, that plaintiff grandmother suffered emotional distress as a result of…
Herkimer County Industrial Development Agency v. Village of Herkimer
Decision: 2021.03.25 Argument: 2021.02.10 vid. tr. Whether county industrial development agency assented to village supplying water to agency owned property and tenant using that water, thereby giving rise to implied contract for water services between agency and village; application of Village Law § 11-1116 and local regulations.
Hewitt v. Palmer Veterinary Clinic
Decision: 2020.10.22 Argument: 2020.09.10 vid. tr. Whether strict liability rule applies where plaintiff seeks to recover from a defendant who maintained the premises where the injury occurred but did not own the animal that caused the injury; plaintiff attacked by another patron’s dog at defendant veterinarian’s office.
Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v. Matthew Bender & Company, Inc.
Decision: 2021.06.03 Argument: 2021.05.05 vid. tr. Whether plaintiffs’ claims were properly dismissed, which sought to recover for alleged inaccuracies in legal publisher’s treatise about landlord-tenant law.
Home Equity Mortgage Trust Series 2006-1 v. DLJ Mortgage Capital, Inc.
Decision: n/a Argument: WITHDRAWN Whether the doctrine of relation back permits residential mortgage-backed securities (RMBS) plaintiffs to assert otherwise untimely notice-based claims for any loan in an RMBS trust, and thereby excuse plaintiffs’ failure to comply with a contractual precondition to invoking the repurchase remedy, as long as the plaintiffs provided timely pre-suit repurchase demands…
Jean-Paul v. 67-30 Dartmouth St. Owners Corp.
Decision: n/a Argument: WITHDRAWN Whether a Chapter 7 bankruptcy proceeding dismissal restores a debtor-plaintiff’s capacity or standing to pursue a personal injury action that the debtor-plaintiff failed to list as an asset during the bankruptcy proceeding.
JPMorgan Chase Bank v. Caliguri
Decision: 2020.12.17 Argument: 2020.11.17 vid. tr. Whether plaintiff mortgagee established standing in foreclosure action; plaintiff attached to summons and complaint a copy of consolidated note, which bore an endorsement in blank from original lender; defendant demanded inspection of original note. Whether second foreclosure action was barred by res judicata. Whether Supreme Court erred in not…
Lynch v. City of New York
Decision: 2020.10.20 Argument: 2020.09.10 vid. tr. Whether police officers employed by the New York City Police Department who are tier 3 and tier 3 revised plan members of the New York City Police Pension Fund are eligible for the child care leave credit set forth in Administrative Code § 13-218(h); summary judgment; declaratory judgment.
Matter of Green v. Laclair
Decision: 2020.11.23 Argument: submission Whether petitioner is subject to Executive Law § 259–c(14),which prohibits certain inmates being released from custody from knowingly entering into or upon any school grounds; petitioner, a level three sex offender, was serving a sentence for an offense not enumerated in section 259-c prior to his release from custody. Related Case:…
Matter of Juarez v. N.Y.S. Office of Victim Services
Decision: 2021.02.18 Argument: 2021.01.06 vid. tr. Whether New York State Office of Victim Services exceeded its authority under Executive Law article 22 to adopt regulations for the approval of crime victims’ counsel fee requests by amending its regulations to provide that such awards may be considered only for fees incurred in successful administrative reconsideration reviews…
Matter of Marian T.
Decision: 2020.11.23 Argument: 2020.10.14 vid. tr. Whether Surrogates’ Court had discretion to dispense with adult adoptee’s consent in adoption proceeding; petitioners commenced proceeding to adopt 64-year-old woman with severe intellectual disabilities, who resided in petitioners’ family care home; construction of Domestic Relations Law § 111(1)(a).
Matter of People Care Inc. v. NYC Human Resources Administration
Decision: 2021.03.25 Argument: 2021.02.09 vid. tr. Whether respondent The City of New York Human Resources Administration Department of Social Services has the authority to audit and recover overpayments of funds provided pursuant to the Health Care Reform Act from petitioner, a personal care service provider.
Matter of Peyton v. NYC Board of Standards and Appeals
Decision: 2020.12.17 Argument: 2020.11.18 vid. tr. Whether doctrine of collateral estoppel barred CPLR article 78 proceeding challenging respondent New York City Board of Standards and Appeals’ resolution upholding New York City Department of Buildings’ decision granting permit for construction of a nursing home on multiple-building zoning lot where petitioners reside; Municipal Corporations. Whether respondent erred…
Matter of the Estate of Youngjohn v. Berry Plastics Corp.
Decision: n/a Argument: 2021.02.09 vid. tr. Whether 2009 amendments to Workers’ Compensation Law authorizing full payment of Schedule Loss Use (SLU) awards in one lump sum at the request of the injured employee altered rule that where injured employee dies without leaving a surviving spouse, child under 18 years old, or dependent, only that portion…
Matter of Town of Irondequoit v. County of Monroe
Decision: 2020.12.22 Argument: 2020.11.19 vid. tr. Whether maintenance repair and demolition charges assessed against real property by a town pursuant to Town Law §§ 64(5-1) and 130(16) that are not paid must be credited by the county to the town under Real Property Tax Law § 936.
Matter of West 58th Street Coalition v. City of New York
Decision: n/a Argument: 2021.04.27 vid. tr. Whether respondents rationally determined that the building was a class A multiple dwelling “apartment hotel” and properly classified in the “R-2” occupancy group under the current New York City Building Code, and whether competing evidence raises a question of fact necessitating a hearing on the issue of whether the…
McCurdy v. Warden
Decision: 2020.11.23 Argument: 2020.10.13 vid. tr. Whether Department of Corrections and Community Supervision had authority to place a level three sex offender who already completed more than six months of postrelease supervision into Residential Treatment Facility where sex offender was unable to locate housing compliant with the Sexual Assault Reform Act; application of Penal Law…
Ninivaggi v. Merrick Union Free School District
Decision: 2021.06.28 Argument: n/a vid. tr. Whether the doctrine of primary assumption of risk, under which a sporting participant assumes the risk of injuries that are inherent in the sport, barred plaintiff’s tort claims against the school district responsible for maintaining a field where the plaintiff was injured while playing football.
People ex rel. Johnson v. Superintendent, Adirondack Correctional Facility
Decision: 2020.11.23 Argument: 2020.10.13 vid. tr. Whether the mandatory condition on parole release imposed under Executive Law § 259-c(14) is violative of substantive due process under the Federal or State Constitution. Related Case: People ex rel. Negron v. Superintendent, Woodbourne Correctional Facility; McCurdy v. Warden; Ortiz v. Breslin.
People ex rel. Negron v. Superintendent, Woodbourne Correctional Facility
Decision: 2020.11.23 Argument: 2020.10.13 vid. tr. Whether petitioner is subject to Executive Law § 259–c(14),which prohibits certain inmates being released from custody from knowingly entering into or upon any school grounds; petitioner, a level three sex offender, was serving a sentence for an offense not enumerated in section 259-c prior to his release from custody….
People ex rel. Ortiz v. Breslin
Decision: 2020.11.23 Argument: 2020.10.13 vid. tr. Whether DOCCS may constitutionally place a level three sex offender into a residential treatment facility until he can secure SARA compliant housing.
Protect the Adirondacks! v. N.Y.S. Department of Environmental Conservation
Decision: 2021.05.04 Argument: 2021.03.23 vid. tr. Whether the plan of defendants Adirondack Park Agency and Department of Environmental Conservation to construct Class II Community Connector trails in the Forest Preserve of the Adirondack Park would result in an unconstitutional destruction of “timber” in violation of article XIV, § 1.
Simmons v. Trans Express Inc.
Decision: 2021.06.03 Argument: 2021.04.28 vid. tr. Under New York City Civil Court Act § 1808, what issue preclusion, claim preclusion, and/or res judicata effects, if any, does a small claims court’s prior judgment have on subsequent actions brought in other courts involving the same facts, issues, and/or parties? Where a small claims court has rendered…
Sutton 58 Associates v. Pilevsky
Decision: 2020.11.24 Argument: 2020.10.15 vid. tr. Whether plaintiff’s state law claims are preempted by federal law; sole damages sought by plaintiff were losses resulting from the delay of a real estate project due to bankruptcy filing of two nonparty entities.
Toussaint v. Port Authority of N.Y. and N.J.
Decision: 2022.03.22 2021.04.01 (rearg) Argument: 2022.02.10 vid. tr. 2021.02.11 vid. tr. Whether the requirement in the Industrial Code that a “designated person” operate a power buggy is sufficiently specific to support a claim under Labor Law § 241(6).
Trustees of Columbia Univ. v. D’Agostino Supermarkets
Decision: 2020.11.24 Argument: 2020.10.15 vid. tr. Whether liquidated damages provision of a commercial lease surrender agreement was enforceable.
U.S. Bank National Association v. DLJ Mortgage Capital Inc.
Decision: 2022.03.17 2021.05.06 (rearg) Argument: 2022.02.08 vid. tr. 2021.04.27 vid. tr. Whether the doctrine of relation back permits a residential mortgage-backed securities (RMBS) plaintiff-trustee to assert otherwise untimely notice-based claims for any loan in an RMBS trust, and thereby excuse the plaintiff’s failure to comply with a contractual precondition to invoking the repurchase remedy, when…
US Bank National Association v. Nelson
Decision: 2020.12.17 Argument: 2020.11.17 vid. tr. Whether, in a mortgage foreclosure action in which the complaint alleges that the plaintiff is the owner and holder of the note and mortgage, the mere denial of that allegation in the answer, without more, is sufficient to assert that the plaintiff lacks standing, thereby preserving that issue for…
Vargas v. Deutsche Bank National Trust Co.
Decision: 2021.02.18 Argument: 2021.01.05 vid. tr. Whether letter from defendant’s predecessor-in-interest, which informed plaintiff that the mortgage debt would be accelerated if he failed to cure his default, accelerated the loan balance and commenced the statute of limitations for foreclosure action; whether discontinuance of prior foreclosure action constituted an affirmative act by defendant to revoke…
Wells Fargo Bank NA v. Ferrato
Decision: 2021.02.18 Argument: 2021.01.05 vid. tr. Whether plaintiff failed to affirmatively revoke acceleration of mortgage debt, where plaintiff voluntarily discontinued foreclosure action. Related Cases: Freedom Mortgage Corp. v. Engel; Ditech Financial, LLC v. Naidu; Vargas v. Deutsche Bank National Trust Co.