Decision: n/a Argument: n/a vid. tr. Whether the one-year statute of limitations from CPLR 215(6) applies to an action to set aside a judgment on the grounds of usury.
Not Fully Briefed
Alcantara v. Annucci
Decision: n/a Argument: n/a vid. tr. Whether DOCCS is required to provide community-based (rather than on-campus) programs for individuals who are housed at a residential treatment facility (RTF) while they find SORA compliant housing; whether on-campus programs provided by DOCCS complied with Correction Law § 73.
Anderson v. Commack Fire District
Decision: 2023.04.20 Argument: 2023.02.08 vid. tr. If a driver may be liable for operating an emergency vehicle only if they do so with reckless disregard for the safety of others (under VTL § 1104), may a municipality be vicariously liable for the driver’s operation of that vehicle under a plain negligence standard (under GML § 205-b) or…
Bank of America v. Kessler
Decision: 2023.02.14 Argument: 2022.01.04 vid. tr. Whether the courts below properly held that the inclusion of certain language in a 90-day notice sent to the borrowers in this foreclosure action, in addition to the language required to be included under RPAPL 1304, violated the “separate envelope” provision in RPAPL 13.04
Favourite Ltd. v. Cico
Decision: n/a Argument: n/a vid. tr. Whether a trial court has the discretion to grant plaintiff leave to amend a complaint after the Appellate Division has ordered the complaint dismissed with direction to enter judgment accordingly; at time plaintiffs sought leave to amend the time to commence a new action expired including the CPLR 205(a)…
Golobe v. Altchek
Decision: n/a Argument: n/a vid. tr. Whether a party can satisfy the open, notorious, and hostile elements of adverse possession when he held only a one-half interest in real property as a co-tenant in common and was unaware for more than twenty years that he was not in exclusive possession of the property because of…
Matter of Aaron Manor Rehabilitation v. Zucker
Decision: n/a Argument: n/a vid. tr. Whether Department of Health impermissibly made changes to certain Medicaid reimbursement rates retroactive in violation of PHL § 2807(7).
Matter of Agramonte v. Local 461, District Council 37, American Federation of State, County and Municipal Employees
Decision: n/a Argument: n/a vid. tr. Whether the petition, alleging violations of the unincorporated union’s constitution, was properly dismissed under General Associations Law § 13 and Martin v. Curran, 303 N.Y. 276 (1951), for failure to allege that each union member ratified or authorized the alleged violations of the union constitution concerning the election of…
Matter of Alvarez v. Annucci
Decision: n/a Argument: n/a vid. tr. Whether a Department of Corrections and Community Service (DOCCS) prison facility was a legitimate residential treatment facility to house a sex offender after his release.
Matter of Colon v. Teachers’ Retirement System of the City of New York
Decision: n/a Argument: n/a vid. tr. Whether the May 2020 amendments to the Retirement and Social Security Law enacted in response to the COVID-19 pandemic are unconstitutional under the New York State Constitution; whether petitioner was entitled to ordinary death benefits under the statute; whether respondent retirement system properly suspended petitioner’s application for ordinary death…
Matter of Gesmer v. Administrative Board of the NYS Unified Court System
Decision: 2021.12.14 Argument: n/a vid. tr. Whether Supreme Court properly annulled the determination of respondent Administrative Board of the New York State Unified Court System denying certification to 46 of 49 elected Supreme Court Justices who had reached the mandatory retirement age of 70 or more as of December 31, 2020, and who had applied…
Matter of Jaime v. City of New York
Decision: n/a Argument: n/a vid. tr. When determining whether to grant a petition for leave to serve a late notice of claim under General Municipal Law § 50-e(5), whether “actual knowledge of the essential facts constituting the claim” may be properly imputed to a municipality because its employees are alleged to have committed an intentional…
Matter of Karlin v. Stanford
Decision: n/a Argument: n/a vid. tr. Whether parolees retain First Amendment rights such that a special parole condition is reviewable on constitutional grounds; whether a special parole condition barring a parolee from viewing, accessing, or downloading any materials depicting sexual activity, nudity, or erotic images pass constitutional muster; whether a special parole condition barring a…
Matter of Kotsones
Decision: n/a Argument: n/a vid. tr. Whether, in a probate dispute, evidence that a beneficiary of the will held a position of trust with the decedent is sufficient to establish a confidential relationship between them, triggering an inference that the beneficiary exerted undue influence over the decedent.
Matter of Orozco v. City of New York
Decision: n/a Argument: n/a vid. tr. hen determining whether to grant a petition for leave to serve a late notice of claim under General Municipal Law § 50-e(5), whether “actual knowledge of the essential facts constituting the claim” may be properly imputed to a municipality because its employees are alleged to have committed an intentional…
Matter of Walt Disney & Consolidated Subsidiaries v. Tax Appeals Tribunal of the State of New York
Decision: n/a Argument: n/a vid. tr. Whether petitioner properly deducted royalty payments from its foreign affiliates under Tax Law § 208; whether Tax Law § 208 violates the dormant Commerce Clause of the United States Constitution.
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.
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.
Tax Equity Now v. City of New York
Decision: n/a Argument: 2024.01.09 vid. tr. Whether New York City’s system of real property taxation violates the Fair Housing Act and/or the state and federal constitutions.
Taxi Tours Inc. v. Go New York Tours, Inc.
Decision: n/a Argument: n/a vid. tr. Whether the courts below correctly held that Go New York failed to state a cause of action for violation of the Donnelly Act and tortious interference with prospective business relations; whether the courts below improperly applied the state pleading standard rather than the federal standard; whether the Donnelly Act…
Town of Southampton v. Department of Environmental Conservation
Decision: 2023.02.09 Argument: 2023.01.03 vid. tr. Whether section 23-2703(3) of the Mined Land Reclamation Law bars the Department of Environmental Conservation from processing the renewal and modification permits sought for a preexisting mine because the local zoning code prohibits mining in the Suffolk County District where the mine is located.
United Jewish Community of Blooming Grove v. Washingtonville CSD
Decision: n/a Argument: n/a vid. tr. Whether Education Law § 3635 requires central school districts to transport nonpublic school students to and from school on days when a district’s public schools are closed; whether the failure to provide nonpublic school students with transportation on days when public schools are closed denies nonpublic school students’ right…