Decision: 2022.06.16 Argument: 2022.05.19 vid. tr. Whether the trustee of a residential mortgage-backed securities trust is a “plaintiff” within the meaning of CPLR 205(a) when the prior action was commenced by the trust’s certificate holders.
2021 – 2022 Term
Adar Bays, LLC v. GeneSYS ID, Inc.
Decision: 2021.10.14 Argument: 2021.08.31 vid. tr. Whether a stock conversion option that permits a lender, in its sole discretion, to convert any outstanding balance to shares of stock at a fixed discount should be treated as interest for the purpose of determining whether the transaction violates N.Y. Penal Law § 190.40, the criminal usury law….
Anderson v. Anderson
Decision: 2021.12.16 Argument: 2021.11.18 vid. tr. Where nuptial agreement is not contemporaneously acknowledged by both parties at the time they sign the agreement, whether the parties must reaffirm agreement for it to be valid.
Aybar v. Aybar
Decision: 2021.10.07 Argument: 2021.09.01 vid. tr. Whether the Appellate Division improperly ignored this Court’s ruling in Bagdon v. Philadelphia & Reading Coal & Iron Co., 217 N.Y. 432 (1916), and the United State Supreme Court’s ruling in Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165 (1939), by holding that a foreign corporation’s voluntary registration…
Batavia Townhouses, Ltd. v. Council of Churches Housing Development Fund Company, Inc.
Decision: 2022.05.22 Argument: 2022.04.21 vid. tr. Whether General Obligations Law § 17-105(1) or § 17-101 is the applicable provision to revive an otherwise expired statute of limitations on a mortgage loan.
Bonczar v. American Multi-Cinema
Decision: 2022.04.28 Argument: 2022.03.16 vid. tr. Whether plaintiff was entitled to partial summary judgment on the issue of liability under Labor Law § 240 (1).
Columbia Memorial Hospital v. Hinds
Decision: 2022.05.19 Argument: 2022.04.20 vid. tr. Whether an employee whose employer pays insurance premiums on his behalf is entitled to receive cash consideration when the insurer converts from a mutual insurance company converts to a stock insurance company. Related case: Schoch v. Lake Champlain OB-GYN, P.C.; Maple Medical, LLP v. Scott
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).
Dawson v. New York University
Decision: 2022.04.07 Argument: n/a vid. tr. Whether a challenge to expulsion from a university is properly characterized as a claim under CPLR article 78 and thus subject to a four-month limitations period.
Donohue v. Cuomo
Decision: 2022.02.10 Argument: 2022.01.05 vid. tr. Whether the collective bargaining agreement between New York State civil-service employees and the State gives those employees a vested right to have the State’s rates of contribution to health-insurance premiums remain unchanged during their lifetime and, if so, whether the State’s statutes and regulations negate that vested right.
Estate of Kainer v. UBS AG
Decision: 2021.12.16 Argument: 2021.11.17 vid. tr. Whether Supreme Court (i) permissibly granted dismissal on the basis of forum non conveniens before determining defendants’ challenge to personal jurisdiction, and (ii) correctly granted forum non conveniens dismissal in this case.
Ferreira v. City of Binghamton
Decision: 2022.03.22 Argument: 2022.02.08 vid. tr. Does the “special duty” requirement—that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally—apply to claims of injury inflicted through municipal negligence, or does it apply only when the municipality’s negligence lies in…
Healy v. EST Downtown
Decision: 2022.04.28 Argument: 2022.03.16 vid. tr. Whether plaintiff was engaged in an activity protected by Labor Law 240 when he fell from a ladder.
Hunters for Deer, Inc. v. Town of Smithtown
Decision: 2022.02.10 Argument: 2021.01.04 vid. tr. Whether the Environmental Conservation Law preempts a local ordinance regulating bow-and-arrow use.
J.P. Morgan Securities v. Vigilant Insurance Co.
Decision: 2021.11.23 Argument: 2021.10.06 vid. tr. Whether an insurance policy’s exclusion for “fines or penalties imposed by law” applies to an order of disgorgement issued by the Securities and Exchange Commission.
Konkur v. Turkish Cultural Center & Highway Education, Inc.
Decision: 2022.02.10 Argument: 2021.01.06 vid. tr. Whether a private right of action exists under Labor Law § 198-b, which makes it illegal for any person to demand or receive a kickback from an employee.
Lividini v. Goldstein
Decision: 2021.10.14 Argument: 2021.09.02 vid. tr. Whether, for purposes of a motion to change venue, venue was properly placed in Bronx County under CPLR 503 (a) or (d) when an individual defendant listed a Bronx County address with a licensing agency but it was undisputed that the address was not his principal place of business.
Maple Medical, LLP v. Scott
Decision: 2022.05.19 Argument: 2022.04.20 vid. tr. Whether the cash consideration paid as part of the conversion from a mutual insurance company to a stock insurance company belongs to a physician who was a policyholder of the medical-malpractice insurance policy or to the medical practice that employed the physician and paid the premiums on the policy….
Matter of Aurora Associates LLC v. Locatelli
Decision: 2022.02.15 Argument: 2021.01.06 vid. tr. Whether a loft unit is subject to rent regulation because it is located in a pre-1974 building containing six or more residential units, even though the building owner purchased the Loft Law rights from the predecessor owner of the unit.
Matter of Callen v. New York City Loft Board
Decision: 2022.02.15 Argument: 2021.01.05 vid. tr. Whether respondent Loft Board has the authority to deny a tenant’s request to withdraw an application for the legal conversion of a loft from commercial use to residential use pursuant to the Loft Law.
Matter of Claim of Johnson v. New York City
Decision: 2022.04.21 Argument: 2022.03.17 vid. tr. Whether an award for loss of function of one part of a limb can properly be deducted from a later award for loss of function of a different part of the same limb.
Matter of Claim of Rexford
Decision: 2021.11.23 Argument: 2021.10.07 vid. tr. Whether the Special Fund for Reopened Cases was responsible for paying claim for Workers’ Compensation Benefits in 2016 despite the Fund’s closure to new cases in 2013. Related Case: Matter of Claim of Verneau
Matter of Claim of Verneau
Decision: 2021.11.23 Argument: 2021.10.07 vid. tr. Whether the Special Fund for Reopened Cases was responsible for paying claim for Workers’ Compensation Benefits in 2017 despite the Fund’s closure to new cases in 2013. Related Case: Matter of Claim of Rexford
Matter of DCH Auto v. Town of Mamaroneck
Decision: 2022.06.16 Argument: 2022.05.19 vid. tr. Whether an “aggrieved person” may bring a challenge to real estate taxes under RPTL article 7 when the person is neither the owner of the property nor the owner’s agent.
Matter of Endara-Caicedo v. New York State Department of Motor Vehicles
Decision: 2022.02.15 Argument: 2021.01.06 vid. tr. Whether Vehicle and Traffic Law § 1194(2) permits the refusal of a motorist arrested for operating a motor vehicle while under the influence of alcohol or drugs to submit to a chemical test to be used against the motorist in administrative license revocation hearings, even if the test is…
Matter of Harkenrider v. Hochul
Decision: 2022.04.27 Argument: 2022.04.26 vid. tr. Whether New York’s recent plan of reapportionment and redistricting by the Legislature based on the 2020 federal census violates the state Constitution.
Matter of Koegel
Decision: 2021.12.16 Argument: 2021.11.18 vid. tr. Whether extrinsic evidence can cure a defect in the acknowledgment of a prenuptial agreement; law of the case.
Matter of Liuni v. Gander Mountain
Decision: 2022.04.21 Argument: 2022.03.17 vid. tr. Whether an award for loss of function of one part of a limb can properly be deducted from a later award for loss of function of a different part of the same limb. Related case: Matter of Claim of Johnson v. New York City.
Matter of Mental Hygiene Legal Service v. Delaney
Decision: 2022.04.21 Argument: 2022.03.17 vid. tr. Whether the law requires the Department of Health and Office for People with Developmental Disabilities to place a minor with developmental disabilities in a residential facility or provide other specific services.
Matter of Nonhuman Rights Project v. Breheny
Decision: 2022.06.14 Argument: 2022.05.18 vid. tr. Whether the writ of habeas corpus is available to a nonhuman animal.
Matter of Talbot V. v. Kingsboro Psychiatric Center
Decision: 2022.06.14 Argument: 2022.05.18 vid. tr. Whether Mental Hygiene Law § 9.31(b) requires a hospital to disclose to a patient the patient’s entire clinical record in advance of an involuntary-treatment hearing.
Moore Charitable Foundation v. PJT Partners, Inc.
Decision: 2022.02.15 (rearg) Argument: 2022.02.09 vid. tr. Whether an employer whose employee commits fraud is liable for fraud under an apparent-authority theory if the employer knew of no facts that would have put it on notice of the employee’s criminal propensity.
Nemeth v. Brenntag North America
Decision: 2022.04.26 Argument: 2022.03.15 vid. tr. Whether plaintiff presented sufficient evidence that her peritoneal mesothelioma was caused by respirable asbestos contained in talcum powder used by plaintiff over an 11-year period; defendant supplied asbestos-contaminated talc for talcum powder; whether plaintiff’s counsel’s remarks on summation and the trial court’s failure to issue a curative instruction deprived…
Ortiz v. Ciox Health LLC
Decision: 2021.11.18 Argument: 2021.10.06 vid. tr. Whether N.Y. Public Health Law § 18(2)(e) provides a private right of action for damages when a medical provider violates the provision limiting the reasonable charge for paper copies of medical records to $0.75 per page.
Plymouth Venture Partners v. GTR Source
Decision: 2021.12.16 Argument: 2021.11.16 vid. tr. Whether under New York law, a judgment debtor suffers cognizable tort damages when a judgment creditor has a marshal or sheriff seize the judgment debtor’s property pursuant to a valid money judgment, but the levy by service of execution does not comport with the service requirements of Article 52…
Revis v. Schwartz
Decision: 2022.03.17 Argument: 2022.02.09 vid. tr. Whether the parties agreed to arbitrate the threshold question of the arbitrability of their dispute; whether nonsignatory defendants may compel arbitration.
Sassi v. Mobile Life Support Services, Inc.
Decision: 2021.10.12 Argument: 2021.09.01 vid. tr. Whether the New York State Human Rights Law allows employers to refuse to rehire employees who were convicted of crimes during their initial term of employment.
Schoch v. Lake Champlain OB-GYN, P.C.
Decision: 2022.05.19 Argument: 2022.04.20 vid. tr. Whether an employee whose employer pays insurance premiums on her behalf is entitled to receive cash consideration when the insurer converts from a mutual insurance company converts to a stock insurance company. Related Cases: Columbia Memorial Hospital v. Hinds; Maple Medical, LLP v. Scott
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).
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…