Decision: 2022.10.27 Argument: 2022.09.07 vid. tr. Whether the courts below erred by permitting plaintiffs to conform the pleadings to the proof to assert a claim for reformation, based on mutual…
Fully Briefed
ACE Securities Corp v. DB Structured Products
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…
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…
Bazdaric v. Almah Partners LLC
Decision: n/a Argument: 2024.01.11 vid. tr. Whether the Appellate Division properly granted summary judgment dismissing plaintiff’s Labor Law § 241(6) claim because a plastic covering placed on the stairs of…
Brettler v. Allianz Life Insurance
Decision: n/a Argument: 2023.10.18 vid. tr. Whether a failure to comply with the provisions of a life insurance policy requiring written notice of assignment can, under New York law, render…
Brooklyn Center for Psychotherapy v. Philadelphia Indemnity Insurance Company
Decision: n/a Argument: n/a vid. tr. Must a general liability insurance carrier defend an insured in an action alleging discrimination under a failure-to-accommodate theory?
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…
Consolidated Restaurant Operations, Inc. v. Westport Insurance Corp.
Decision: n/a Argument: 2024.01.10 vid. tr. Whether the actual, suspected, or threatened presence of COVID-19 in plaintiff’s restaurants caused “direct physical loss or damage” to the properties within the meaning…
Delgado v. State of New York
Decision: 2022.11.17 Argument: 2022.10.18 vid. tr. Whether Part HHH of Chapter 59 of the Laws of 2018, which created the Committee on Legislative and Executive Compensation, violates the New York…
Everhome Mortgage Co. v. Aber
Decision: 2022.11.17 Argument: 2022.10.19 vid. tr. Whether the courts below properly determined that the foreclosure action was time-barred.
Federal National Mortgage Association v. Jeanty
Decision: 2022.11.17 Argument: 2022.10.18 vid. tr. Whether General Obligations Law § 17-101 or CPLR 205(a) revives the plaintiff’s otherwise untimely foreclosure action.
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…
Grady v. Chenango Valley Central School District
Decision: 2023.04.27 Argument: 2023.03.15 vid. tr. Whether defendants were entitled to summary judgment dismissing the complaint on the ground that plaintiff assumed the risk of injury; plaintiff alleged injuries sustained…
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.
Henry v. New Jersey Transit Corp.
Decision: 2023.03.21 Argument: 2023.02.07 vid. tr. Whether defendant properly invoked sovereign immunity for the first time on appeal when that invocation was based on binding case law decided after trial.
Hetelekides v. County of Ontario
Decision: 2023.02.14 Argument: 2022.01.03 vid. tr. Whether tax foreclosure proceeding, commenced against deceased individual, was nullity; alleged due process violations.
Howell v. City of New York
Decision: 2022.11.22 Argument: 2022.10.20 vid. tr. Whether New York City owed the plaintiff a special duty to protect her from her ex-boyfriend. Related cases: Maldovan v. County of Erie; Ferreira…
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…
James B. Nutter & Co. v. County of Saratoga
Decision: 2023.03.21 Argument: 2023.02.08 vid. tr. Whether County’s notice of a tax foreclosure proceeding was sufficient.
Lelchook v. Société Générale de Banque au Liban SAL
Decision: n/a Argument: n/a vid. tr. Whether an entity that acquires all of another entity’s liabilities and assets, but does not merge with that entity, inherits the acquired entity’s status…
Maldovan v. County of Erie
Decision: 2022.11.22 Argument: 2022.10.20 vid. tr. Whether municipality owed a special duty to plaintiff; whether New York recognized a cause of action for negligent investigation. Related cases: Ferreira v. City…
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…
Matter of Appellate Advocates v. NYS Department of Corrections and Community Supervision
Decision: 2023.12.19 Argument: 2023.11.15 vid. tr. Whether in response to a FOIL request, an agency may use the attorney-client privilege to shield from disclosure general training materials that are concededly…
Matter of Black v. New York State Tax Appeals Tribunal
Decision: n/a Argument: 2023.10.17 vid. tr. Whether the determination by the Tax Appeals Tribunal that petitioner was responsible for the corporation’s tax liability has a rational basis and is supported…
Matter of Borelli v. City of Yonkers
Decision: 2022.12.15 Argument: 2022.11.16 vid. tr. Whether retired disabled firefighters and fire officers are entitled to compensation for night differential, check-in pay, and holiday pay under General Municipal Law §…
Matter of Bowers Development, LLC v. Oneida County Industrial Development Agency
Decision: 2023.12.14 Argument: 2023.11.14 vid. tr. Whether the Oneida County Industrial Development Agency properly determined that installing a parking facility for a medical office building was a “commercial” purpose within…
Matter of Brookdale Physicians’ Dialysis Associates, Inc. v. Department of Finance of the City of New York
Decision: 2023.01.10 (rearg) Argument: 2022.01.05 vid. tr. 2024.01.09 vid. tr. Whether a building a building owned by a nonprofit organization qualifies for tax-exempt status even though it is used by…
Matter of City of Syracuse v. Syracuse PBA Inc.
Decision: n/a Argument: 2023.10.18 vid. tr. Whether police discipline is a permissible subject of collective bargaining in Syracuse because provisions of the Second Class Cities Law committing police discipline to…
Matter of City of Yonkers v. Yonkers Fire Fighters, Local 628
Decision: 2022.12.15 Argument: 2022.11.16 vid. tr. Whether union’s grievance about city’s decision to stop paying benefits for retired disabled firefighters was arbitrable.
Matter of Claim of Green v. Dutchess County BOCES
Decision: 2022.10.27 Argument: 2022.09.14 vid. tr. Whether a claimant’s non-schedule award under Workers’ Compensation Law (WCL) § 15(3)(w), “payable during the continuance of such disability [and] subject to reconsideration of…
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…
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…
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…
Matter of Clifton Park Apartments, LLC v. New York State Division of Human Rights
Decision: n/a Argument: 2024.01.09 vid. tr. Whether the Appellate Division properly concluded that substantial evidence did not support the finding that petitioners took adverse action against respondent CityVision; whether the…
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…
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 Jun Wang v. James
Decision: 2023.12.14 Argument: 2023.11.14 vid. tr. Whether deference should be accorded to DOCCS’s interpretation of Correction Law § 24-a; whether that statute extends state-law indemnification protections to a medical professional providing…
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 Lazalee v. Wegman’s Food Markets, Inc.
Decision: 2023.12.12 Argument: 2023.11.14 vid. tr. Whether the Workers’ Compensation Board rationally denied the employer’s belated request to produce the employee’s treating physician for cross-examination under 12 NYCRR 300.10(c).
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…