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For January 6, 2017 through January 12, 2017, the following preliminary appeal
statements were filed:
GILBANE BUILDING CO./TDX CONSTRUCTION CORP v ST. PAUL FIRE AND MARINE
INSURANCE COMPANY (143 AD3d 146):
1st Dept. App. Div. order of 9/15/16; reversal; leave to appeal granted by App.
Div., 12/22/16; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - WHETHER
THE ADDITIONAL INSURED CLAUSE IN THE COMMERCIAL GENERAL
LIABILITY INSURANCE POLICY AT ISSUE COVERS ONLY THOSE THAT HAVE
A WRITTEN CONTRACT DIRECTLY WITH THE NAMED INSURED -
INTERPRETATION OF THE ADDITIONAL INSURANCE ENDORSEMENT IN
POLICY COVERING BUILDING CONSTRUCTION PROJECT; DECLARATORY
JUDGMENT; Supreme Court, New York County, denied defendant Liberty Insurance
Underwriters' motion for summary judgment declaring that plaintiff Gilbane Building
Co./TDX Construction Corp., a Joint Venture, is not an additional insured under the
policy issued by Liberty to nonparty Samson Construction Company, and declared that
plaintiff is an additional insured under the policy; App. Div. reversed, granted defendant
Liberty Insurance Underwriters' motion, and vacated the declaration.
MAKI v THE TRAVELERS COMPANIES, INC. (145 AD3d 1228):
3rd Dept. App. Div. order of 12/8/16; affirmance; 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;
INSURANCE - CANCELLATION - ACTION FOR BREACH OF CONTRACT AND
FRAUD AGAINST INSURERS AND EMPLOYEES OF INSURERS AFTER
PLAINTIFF HAD A MOTOR VEHICLE ACCIDENT, ATTEMPTED TO MAKE AN
INSURANCE CLAIM, AND WAS INFORMED THAT INSURANCE POLICY HAD
BEEN CANCELLED; DISMISSAL OF CLAIMS; Supreme Court, Delaware County,
among other things, granted certain defendants' motion to dismiss the complaint; App.
Div. affirmed.
WIGGINS (REGINALD), PEOPLE v (143 AD3d 451):
1st Dept. App. Div. order of 10/6/16; modification; leave to appeal granted by
Moskowitz, J., 1/3/17; CRIMES - RIGHT TO SPEEDY TRIAL - WHETHER A SIX-
YEAR DELAY BETWEEN THE CRIME AND DEFENDANT'S GUILTY PLEA
DENIED DEFENDANT THE CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL;
Supreme Court, New York County, convicted defendant, upon a guilty plea, of
manslaughter in the first degree; App. Div. modified to the extent of reducing the
mandatory surcharge and crime victim assistance fees, and, as so modified, affirmed.
NATASHA W., MATTER OF v NEW YORK STATE OFFICE OF CHILDREN AND FAMILY
SERVICES (145 AD3d
401):
1st Dept. App. Div. order of 12/1/16; affirmance with two-Justice dissent; sua
sponte examination whether the order appealed from finally determines the proceeding
within the meaning of the Constitution; SOCIAL SERVICES - REGISTER OF CHILD
ABUSE AND MALTREATMENT - WHETHER THE STATE PROVED, BY A FAIR
PREPONDERANCE OF THE EVIDENCE, THAT PETITIONER MALTREATED HER
CHILD BY USING THE CHILD TO FACILITATE COMMITTING A CRIME;
Supreme Court, New York County, granted the petition seeking to, among other things,
amend and seal an indicated report of child maltreatment by petitioner, to the extent of
annulling the report and the 2/11/14 determination of an administrative law judge, which
had denied petitioner's request, and remanding the matter to respondents for further
proceedings; App. Div. affirmed.