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.
November Session
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…
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 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.
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…