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THE STAY ON A NEW YORK ACTION TO RECOVER A NAZI-LOOTED PAINTING, PENDING A SWISS RULING ON THE IDENTITY OF THE HEIRS TO THE PAINTING, VACATED IN THE INTEREST OF JUSTICE (FIRST DEPT).

The First Department, in a full-fledged opinion by Justice Higgitt, determined a stay on a New York action seeking the return of a Nazi-looted painting should be vacated in the interest of just. The action had been stayed pending a Swiss ruling on the identity of the heirs to the painting. That ruling has yet to be made. The facts of the case are complex and cannot be fairly summarized here. Estate of Margaret Kainer v Christies Inc., 2026 NY Slip Op 03506, First Dept 6-4-26

 

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Hearsay Can Not Be Sole Basis for Denial of Summary Judgment Motion
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EVIDENCE OF DEBRIS ON FLOOR WAS SUFFICIENT TO RAISE A QUESTION OF FACT WHETHER DEFENDANTS WERE LIABLE UNDER LABOR LAW 241(6) AND 200, PLAINTIFF STEPPED INTO A HOLE BUT DID NOT KNOW WHETHER THE HOLE WAS OBSCURED BY THE DEBRIS (FIRST DEPT).
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INSURER OF NEW YORK DRIVER INVOLVED IN AN ACCIDENT WHILE DRIVING A U-HAUL VEHICLE IN NORTH CAROLINA DID NOT HAVE SUFFICIENT CONTACTS WITH NORTH CAROLINA TO WARRANT THE IMPOSITION OF LONG-ARM JURISDICTION IN A NORTH CAROLINA ACTION, THE NEW YORK ACTION SEEKING DOMESTICATION OF A NORTH CAROLINA DEFAULT JUDGMENT SHOULD HAVE BEEN DISMISSED (FIRST DEPT).
FIREFIGHTER’S GENERAL MUNICIPAL LAW 205-a CAUSE OF ACTION SHOULD NOT HAVE BEEN DISMISSED, ACTION ONLY REQUIRES A CONNECTION BETWEEN A CODE VIOLATION AND A FIREFIGHTER’S INJURY IN A FIRE, NOT A PROXIMATE-CAUSE RELATIONSHIP (FIRST DEPT).
PLAINTIFF STRUCK BY A PLANK WHICH FELL OFF A SCAFFOLD, SUMMARY JUDGMENT ON PLAINTIFF’S LABOR LAW 240 (1) CAUSE OF ACTION PROPERLY GRANTED.
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