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For October 5, 2018 through October 11, 2018, the following preliminary appeal statements were filed:

CANGRO v REITANO (163 AD3d 494):
1st Dept. App. Div. order of 7/19/18; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Dismissal and Nonsuit--Dismissal of Complaint--Frivolous motion practice; Supreme Court, New York County, denied, as frivolous, plaintiff's motion for an award of damages and sanctions and to direct defendant to undergo a psychiatric evaluation, and dismissed the action with prejudice; App. Div. affirmed.

COOK (TYRELL), PEOPLE v (161 AD3d 708):
1st Dept. App. Div. order of 5/31/18; affirmance; leave to appeal granted by Rivera, J., 9/25/18; Crimes--Suppression Hearing--Whether trial court properly reopened a suppression hearing, before rendering a decision, to permit the People to call an officer with additional information tending to establish reasonable suspicion for defendant's detention; Legal Sufficiency--whether the evidence was legally sufficient to establish that the victim suffered a physical injury; Right to a Fair Trial--whether defendant was denied his right to a fair trial based on alleged juror misconduct; Supreme Court, Bronx County, convicted defendant of attempted robbery in the first degree and assault in the second degree; App. Div. affirmed.

DEUTSCHE BANK NATIONAL TRUST COMPANY v BARCLAYS BANK; DEUTSCHE BANK NATIONAL TRUST v HSBC BANK USA (156 AD3d 401):
1st Dept. App. Div. order of 12/5/17; reversal; leave to appeal granted by Court of Appeals, 9/18/18; Limitations of Actions--What Statute Governs--Whether plaintiff trustee's breach of contract claims were barred by California's four-year statute of limitations, pursuant to the borrowing statute of CPLR 202; defendant banks alleged to have breached representations and warranties made in connection with the sale of residential mortgage-backed securities pooled in trust; whether claim accrued in California or New York; Supreme Court, New York County, denied each defendant's motion to dismiss the surviving cause of action for breach of contract on the ground of the statute of limitations; App. Div. reversed and granted the motions to dismiss.

MATTER OF THE ESTATE OF GIAQUINTO (JOHNSON v FARINA) (164 AD3d 1527):
3rd Dept. App. Div. order of 9/13/18; affirmance; Rule 500.11 review pending; Wills--Execution--Whether respondent, objectant to a will, raised a triable issue of fact as to whether decedent lacked testamentary capacity to execute will; Surrogate's Court, Schenectady County, admitted to probate an instrument purporting to the last will and testament of decedent; thereafter, denied respondent's motion to set aside the verdict; App. Div. affirmed.

JOHNSON, PEOPLE ex rel. v SCHIFF (2018 NY Slip Op 80760[U]):
3rd Dept. App. Div. order of 8/10/18; denial of writ of habeas corpus; sua sponte examination whether the proceeding has become moot and whether any basis exists for an appeal as of right; Habeas Corpus--When Remedy Available--Whether petitioner is entitled to habeas corpus relief; App. Div., among other things, denied the application for a writ of habeas corpus.

For October 12, 2018 through October 18, 2018, the following preliminary appeal statements were filed:

CAYUGA NATION v CAMPBELL (163 AD3d 1500):
4th Dept. App. Div. order of 7/25/18; affirmance with dissents; leave to appeal granted by App. Div., 9/28/18; Native Americans--Internal Tribal Affairs--Dispute over which of two competing factions should have control as the lawful governing body of the Cayuga Nation, a sovereign Indian Nation; subject matter jurisdiction-- whether determination of the controversy is beyond the authority of the courts of New York as usurping the sovereign right of the people of the Cayuga Nation to determine their own leadership; Supreme Court, Seneca County, among other things, denied defendants' motion to dismiss the complaint; App. Div. affirmed.

CENTI v McGILLIN (155 AD3d 1493):
3rd Dept. App. Div. order of 11/30/17; affirmance with dissents; Contracts-- Illegal Contracts--Dispute over money accumulated from illegal bookmaking business--whether loan agreement involving funds is enforceable; Supreme Court, Montgomery County, entered judgment in favor of plaintiff in the sum of $131,484.93, plus prejudgment interest; App. Div. affirmed.

FARRUGIA v 1440 BROADWAY ASSOCIATES (163 AD3d 452):
1st Dept. App. Div. order of 7/12/18; affirmance with dissents; leave to appeal granted by App. Div., 10/2/18; Rule 500.11 review pending; Negligence--Maintenance of Premises--Whether defendant Harbour Mechanical was entitled to summary judgment dismissing the complaint as against it and the cross claims for common-law indemnification and contribution asserted by building owner; Harbour Mechanical, an independent contractor, removed oil tank from subject property, thereby exposing opening into which plaintiff fell; whether Harbour failed to exercise reasonable care in performance of its work and launched a force or instrument of harm; Supreme Court, New York County, denied defendant Harbour Mechanical Corp.'s motion for summary judgment dismissing the complaint as against it and the cross claims of the 1440 Broadway defendants, and denied the 1440 Broadway defendants' motion for summary judgment dismissing the complaint as against them; App. Div. affirmed.

MADDICKS v BIG CITY PROPERTIES (163 AD3d 501):
1st Dept. App. Div. order of 7/26/18; modification with dissents; leave to appeal granted by App. Div., 9/27/18; Landlord and Tenant--Rent Regulation--Whether pre-answer dismissal regarding class action allegations was premature; putative class of rent-stabilized tenants alleged that defendants engaged in systematic effort to avoid compliance with rent-stabilization law; whether Supreme Court's sua sponte dismissal of complaint based on arguments not raised by defendants was improper; Supreme Court, New York County, upon defendants' motion, dismissed the amended complaint pursuant to CPLR 3211 without prejudice; App. Div. modified by denying the motion as to the claims, except those involving General Business Law § 349, against defendants Big City Realty Management, LLC, Big City Acquisitions, LLC, 408- 412 Pineapple LLC, 510-512 Yellow Apple, LLC, 535-539 West 155 BCR, LLC, 545 Edgecombe BCR, LLC, 106-108 Convent BCR, LLC, 110 Convent BCR, LLC, 3750 Broadway BCR, LLC, 3660 Broadway BCR, LLC and 605 West 151 BCR, LLC, and by denying the motion as to the class action allegations against these defendants, except those supporting the General Business Law § 349 claim, and otherwise affirmed.

PETTUS, MATTER OF v BOARD OF DIRECTORS (160 AD3d 551; 2018 NY Slip Op 83910[U]):
1st Dept. App. Div. orders of 4/19/18 and 9/20/18; denial of motion; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Appellate Division--Denial of motion to reverse a prior Appellate Division order denying a motion for reargument; App. Div., among other things, denied appellants' motion for reargument of the 4/19/18 App. Div. order, and granted respondents' cross motion to the extent of enforcing the 6/16/15 vexatious litigation order of Supreme Court, New York County (7/19/18 order); thereafter, the App. Div. denied the motion of James Pettus to reverse the 7/19/18 App. Div. order denying his motion for reargument.

WEST v B.C.R.E. - 90 WEST STREET, LLC (161 AD3d 566):
1st Dept. App. Div. order of 5/17/18; reversal; leave to appeal granted by App. Div., 9/20/18; Landlord and Tenant--Rent Regulation--Whether plaintiffs' apartments in buildings receiving Real Property Tax Law § 421-g tax benefits are subject to the luxury vacancy decontrol provisions of the Rent Stabilization Law of 1969 (Administrative Code of the City of NY) § 26-504.2; building also received low-interest mortgage financing from New York City Housing Development Corporation; interpretation of Private Housing Finance Law § 654-d(18); Supreme Court, New York County, denied defendant B.C.R.E. 90 West Street, LLC's motion for summary judgment declaring that plaintiffs' apartments are deregulated and not subject to rent stabilization, and granted plaintiffs' cross motion for summary judgment declaring that plaintiffs' leases are subject to rent stabilization, and so declared; App. Div. reversed and declared that plaintiffs' apartments were properly deregulated.