The Court issued orders and motion decisions today, granting leave in two new cases:
In Matter of the Claim of Green v. Dutchess County BOCES, the Court will consider whether the unpaid portion of a worker’s nonschedule permanent partial disability award is payable to the worker’s child upon the worker’s death from causes other than his benefits-creating injury. The Third Department held that such payments were payable to the child upon the worker’s death.
And in Federal National Mortgage Association v. Jeanty, the Court will consider whether General Obligations Law § 17-101 (which revives a time-barred claim when a debtor acknowledges the debt in a signed writing) or CPLR 205(a) (which gives a plaintiff six months from a non-merits dismissal to reassert the dismissed claims) revives the lender’s otherwise untimely foreclosure action. The Second Department held that neither provision rendered the lender’s claims timely.
Posted on 2021-09-14.