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…
February Session
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.
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 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…
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).