In a mortgage foreclosure action, the Second Department explained that it was not necessary that the foreclosing party have provided the consideration and that, with respect to a tenancy by the entirety, each tenant can sell, mortgage or otherwise encumber his or her rights in the property, subject to the continuing rights of the other: […]
The Second Department explained “standing” as it relates to a mortgage foreclosure action as follows: Where, as here, standing is put into issue by the defendant, “the plaintiff must prove its standing in order to be entitled to relief”…. “In a mortgage foreclosure action, a plaintiff has standing where it is both the holder or […]
The defendant library was sued by the plaintiff contractor which claimed the library caused a delay in the performance of a contract by failing to secure access to an adjacent property which was necessary before plaintiff could complete the work. In affirming the denial of summary judgment to the defendant library, the Second Department […]
The Second Department determined Supreme Court should not have granted plaintiff’s motion for a default judgment and denied defendant’s motion to compel the acceptance of a late answer: Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in granting the plaintiffs’ motion pursuant to CPLR 3215 for leave to enter a […]
The Second Circuit asked the Court of Appeals to answer certified questions about how the Labor Law relates to a tip-splitting policy used by Starbucks. Over two dissents, the Court of Appeals determined, under the Labor Law, limited supervisory duties did not mandate exclusion from the tip pool: Starbucks maintains a written policy governing the […]
The Court of Appeals determined the closure of a railroad crossing did not constitute a regulatory taking of claimant’s land. Claimant used the crossing to move equipment from one part of his land to another: The basis for the claim is that the State Department of Transportation required the closure of a railroad crossing that […]
The Second Department affirmed Supreme Court’s denial of defendant’s motion for resentencing pursuant to CPL 440.46: When a defendant is eligible for resentencing pursuant to CPL 440.46, there is ” a presumption in favor of granting a motion for resentencing relief absent a showing that substantial justice dictates the denial thereof’”…. “However, resentencing is not […]
The Second Department determined that defendant’s plea colloquy raised concern about defendant’s mental health requiring inquiry by the sentencing court: Here, in light of the defendant’s known history of mental illness, and the finding within six days after commission of the instant sex offense that the defendant was suffering from psychotic symptoms attributable to bipolar […]
The Court of Appeals determined there was support in the record for the trial court’s finding that defendant did not have standing to contest the search of a room in his grandmother’s house where a weapon was found: The judge credited the grandmother’s testimony that the bedroom where the gun was found was an extra […]
In reversing defendant’s assault conviction, the Court of Appeals, in a full-fledged opinion by Judge Lippman, determined a defendant with a conviction pending appeal may not be cross-examined about the underlying facts of that conviction until direct appeal has been exhausted. Judge Lippman wrote: At trial, the defense was justification and defendant planned to testify, […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy