The Second Department, reversing Supreme Court, determined plaintiff bank did not demonstrate standing to bring the foreclosure action: Wells Fargo failed to establish, prima facie, that it had possession of the note prior to the commencement of the action, and thus failed to establish that it had standing to foreclose the mortgage … . Wells Fargo […]
The Second Department, reversing (modifying) Supreme Court, determined summary judgment should have been granted to several of the defendants in this medical malpractice action because the plaintiff’s expert did not raise a triable issue of fact. The expert did not demonstrate expertise in relevant areas and the expert’s opinions were conclusory and speculative with respect […]
The Second Department determined that, although plaintiff commercial tenant did not prove it provided timely notice of its option to renew the lease, the tenant was entitled to relief in equity: Although the general rule is that a tenant that fails to exercise an option to renew within the time and in the manner provided […]
The Second Department, reversing Supreme Court, determined defendant’s bare denial of the receipt of notice of the foreclosure action was not a sufficient basis for granting defendant’s motion for summary judgment: The bare denial by the defendant … of receipt of a notice of default, required to be served by the terms of the mortgage, […]
The Second Department, reversing Supreme Court, determined the defendant’s motion for summary judgment based upon the banks’ alleged lack of standing to bring the foreclosure action should not have been granted: … [T]he defendant, as the moving party, failed to make a prima facie showing that the plaintiff lacked standing to commence this action. In […]
The Second Department, reversing Supreme Court, determined defendant’s motion for summary judgment in this medical malpractice action should not have been granted. Defendant, Lascale, is a board-certified obstetrician and gynecologist specializing in maternal-fetal medicine. Plaintiff’s decedent died in childbirth when she was assisted at home by a certified nurse midwife (Moss Jones). Plaintiffs alleged Lascale […]
The Second Department, reversing defendant’s murder conviction and ordering a new trial, determined the identification evidence was too weak to constitute probable cause for defendant’s arrest. Therefore defendant’s motion to suppress his statements should have been granted. The court noted that the People’s argument that defendant was not in custody when the statements were made […]
The Second Department, reversing Supreme Court in this custody/parental access proceeding, determined Supreme Court should have conducted hearings because the evidence relied upon was insufficient. The Second Department further found there was insufficient evidence to support the sanctions imposed for allegedly frivolous conduct: We disagree with the Supreme Court’s determination (1) awarding the defendant sole […]
The Second Department, reversing Surrogate’s Court, determined the 1992 agreement substituting life insurance for trust assets was covered by Estates, Powers and Trusts Law (EPTL) 11-1.7(a)(1) and the trustee, which owned the policies, was liable in negligence for failing to ensure the premiums were paid (the policies had lapsed). The provision of the trust-asset-substitution agreement […]
The First Department determined questions of fact precluded summary judgment on his Labor Law 240( 1) cause of action and he was entitled to summary judgment on his Labor Law 241 (6) cause of action. Plaintiff on a ladder when he received an electric shock. There was no showing the ladder was defective. ADCO, the […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy