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For January 13, 2017 through January 19, 2017, the following preliminary appeal statements were filed:

CONGEL v MALFITANO (141 AD3d 64):
2nd Dept. App. Div. order of 5/18/16; modification; leave to appeal granted by Court of Appeals, 1/10/17; PARTNERSHIP - DISSOLUTION - WHETHER THE APPELLATE DIVISION ERRED IN FINDING A WRONGFUL DISSOLUTION OF THE PARTNERSHIP WHICH LACKED A DEFINITE TERM OR PARTICULAR UNDERTAKING (PARTNERSHIP LAW § 62), IN AWARDING COUNSEL AND EXPERT FEES AS PART OF THE DAMAGES, IN APPLYING MINORITY AND MARKETABILITY DISCOUNTS TO DEFENDANT'S PARTNERSHIP INTEREST, AND IN ATTRIBUTING GOODWILL TO THE PARTNERSHIP'S VALUE; Supreme Court, Dutchess County, upon a 5/29/08 order granting those branches of plaintiffs' motion which were for summary judgment declaring that defendant wrongfully dissolved the Poughkeepsie Galleria Company Partnership and on the issue of liability on the cause of action alleging breach of contract, and upon a 9/27/12 decision, made after a nonjury trial on the issue of damages, declared that defendant wrongfully dissolved the partnership and breached the partnership agreement, and awarded defendant the principal sum of $857,164.75; App. Div. modified by deleting the provision in favor of defendant and against plaintiffs in the principal sum of $857,164.75; as so modified, affirmed the amended judgment insofar as appealed and cross-appealed from, and remitted the matter to Supreme Court for a new calculation of damages that incorporates a 66% minority discount applied to the value of defendant's interest in the partnership and for the entry of an appropriate second amended judgment; Supreme Court awarded plaintiffs $911,287.78.

PESANTE v VERTICAL INDUSTRIAL DEVELOPMENT CORP. (142 AD3d 656):
2nd Dept. App. Div. order of 8/24/16; reversal; leave to appeal granted by App. Div., 12/23/16; Rule 500.11 review pending; NEGLIGENCE - MAINTENANCE OF PREMISES - PLAINTIFF WALKING IN PARKING LOT STRUCK BY REMOTE- CONTROLLED TOY CAR - VICARIOUS LIABILITY OF PROPERTY OWNER AND MANAGING CONSULTANT FOR PROPERTY OWNER WHERE PARKING LOT WAS PATROLLED BY AN INDEPENDENT CONTRACTOR HIRED TO PROVIDE A SAFE AND SECURE ENVIRONMENT FOR VISITORS TO PARKING LOT; CONSTRUCTIVE NOTICE OF ALLEGED DANGEROUS CONDITION; SUMMARY JUDGMENT; Supreme Court, Kings County, among other things, granted that branch of the motion of defendants Vertical Industrial Development Corp. and Rentar Development Corp. which was for summary judgment dismissing the complaint insofar as asserted against them; App. Div. reversed and denied that branch of the motion of defendants Vertical Industrial and Rentar Development which was for summary judgment dismissing the complaint insofar as asserted against them.

W. (TERI), PEOPLE v (142 AD3d 924):
1st Dept. App. Div. order of 9/29/16; affirmance; leave to appeal granted by DiFiore, Ch.J., 12/30/16; CRIMES - SENTENCE - YOUTHFUL OFFENDER - WHETHER SUPREME COURT LAWFULLY IMPOSED A 10-YEAR TERM OF PROBATION RATHER THAN A 5-YEAR TERM - WHETHER THE MAXIMUM PROBATIONARY TERM AUTHORIZED BY STATUTE FOR A YOUTHFUL OFFENDER CONVICTED OF A FELONY IS FIVE YEARS (PENAL LAW §§ 60.02[2]; 65.00[3][a][i]); Supreme Court, New York County, convicted defendant, upon her plea of guilty, of sexual abuse in the first degree, adjudicating her a youthful offender and sentencing her to a term of 10 years' probation; App. Div. affirmed.

For January 20, 2017 through January 26, 2017, the following preliminary appeal statements were filed:

BANK OF NEW YORK MELLON v IZMIRLIGIL (144 AD3d 1063):
2nd Dept. App. Div. order of 11/30/16; reversal; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; MORTGAGES - FORECLOSURE - WHETHER THE ATTORNEY AFFIRMATION REQUIREMENT OF ADMINISTRATIVE ORDER 208/13 (AND ITS PREDECESSOR ORDERS 548/10 AND 431/11) OF THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS AND 22 NYCRR 202.12-a(f) ARE INVALID AS ISSUED BEYOND THE AUTHORITY OF THE CHIEF ADMINISTRATIVE JUDGE; ALLEGED CONSTITUTIONAL VIOLATION, INVASION OF TRIAL COURT'S SUPERVISION OF THE RECEPTION OF EVIDENCE, AND IMPAIRMENT OF THE FORECLOSURE REMEDY; Supreme Court, Suffolk County, granted plaintiff's motion to be relieved of any obligation to comply with the attorney affirmation requirement of Administrative Orders 548/10 and 431/11 of the Chief Administrative Judge of the Courts and 22 NYCRR 202.12-a(f); Supreme Court, thereafter denied defendant's motion for recusal; App. Div. reversed, denied plaintiff's motion to be relieved of any obligation to comply with the attorney affirmation requirement, and dismissed as academic the appeal from the order denying recusal.

CORTLANDT STREET RECOVERY CORP. v BONDERMAN (142 AD3d 833):
1st Dept. App. Div. order of 9/15/16; modification; leave to appeal granted by App. Div., 1/10/17; PARTIES - STANDING - WHETHER INDENTURE TRUSTEE HAD STANDING TO ASSERT CAUSES OF ACTION FOR BREACH OF CONTRACT, FRAUDULENT CONVEYANCE, UNLAWFUL CORPORATE DISTRIBUTION, UNJUST ENRICHMENT, AND BASED ON AN ALTER EGO THEORY; CORPORATIONS - DISREGARDING THE CORPORATE ENTITY - WHETHER COMPLAINT SUFFICIENTLY STATED A CAUSE OF ACTION UNDER A VEIL-PIERCING THEORY; Supreme Court, New York County, granted defendants' motions to dismiss the complaint in three separate actions (9/17/14 order); then, upon renewal, adhered to the 9/17/14 determination granting defendants' motion to dismiss the complaint in Index No. 653357/11 (2/6/15) App. Div. (1) modified the 9/17/14 order by denying the motion to dismiss the complaint in the action bearing Index No. 653357/11 insofar as asserted by plaintiff Wilmington Trust Company, as indenture trustee, and, as so modified, affirmed, and (2) dismissed the appeal from the 2/6/15 order as academic.

MOODY v NEW YORK STATE BOARD OF ELECTIONS:
Supreme Court, New York County order of 12/8/16; sua sponte examination whether an appeal lies as of right pursuant to CPLR 5601(b)(2); ELECTIONS - PRIMARY ELECTIONS - WHETHER NEW YORK STATE'S CLOSED PRIMARY SYSTEM (ELECTION LAW § 5-304) IS UNCONSTITUTIONAL; Supreme Court denied the petition and dismissed the proceeding brought pursuant to Election Law article 16.

WEISSBROD-GURVEY v STATE OF NEW YORK:
Supreme Court, New York County order 8/29/16; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether an appeal lies as of right pursuant to CPLR 5601(b)(2); DISMISSAL AND NONSUIT - DISMISSAL OF COMPLAINT AS TO VARIOUS DEFENDANTS; VARIOUS DUE PROCESS CLAIMS; Supreme Court, among other things, dismissed the complaint as to various defendants, denied all of the various motions for relief by plaintiff, and directed the remaining parties to appear for a preliminary conference on 9/28/16.