Return to New Filings Page


For December 13, 2019 through December 19, 2019, the following preliminary appeal statements were filed:

MATTER OF FORECLOSURE OF TAX LIENS (ORANGE COUNTY v GOLDMAN) (165 AD3d 1112):
2nd Dept. App. Div. order of 10/24/18; affirmance with one-Justice dissenting; sua sponte examination of whether the order appealed from finally determines a proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Taxation--Tax Liens, Tax Sales and Tax Titles--Whether the petition in a proceeding pursuant to RPTL article 11 to foreclose on a tax lien was properly dismissed when the proceeding was commenced against deceased record owners of the property; Supreme Court, Orange County, in a proceeding pursuant to RPTL article 11 to foreclose a tax lien, denied petitioner's motion for summary judgment on the petition and to strike the answer, and in effect, upon searching the record, dismissed the petition; App. Div. affirmed.

For December 20, 2019 through December 26, 2019, the following preliminary appeal statements were filed:

AYBAR v AYBAR; FORD MOTOR COMPANY (169 AD3d 137):
2nd Dept. App. Div. order of 1/23/19; reversal; leave to appeal granted by Court of Appeals, 12/17/19; Courts--Jurisdiction--Whether the Appellate Division improperly ignored this Court's ruling in Bagdon v Philadelphia & Reading Coal & Iron Co. (217 NY 432 [1916]) and the United State Supreme Court's ruling in Neirbo Co. v Bethlehem Shipbuilding Corp. (308 US 165 [1939]), by holding that a foreign corporation's voluntary registration to do business in New York and its designation of New York's Secretary of State as its agent for the service of process was insufficient as a consent to general jurisdiction in New York; App. Div. reversed and granted the separate motions of the defendants Ford Motor Company and Goodyear Tire & Rubber Co. pursuant to CPLR 3211 (a)(8) to dismiss the complaint insofar as asserted against them.

PEOPLE ex rel. GRAFTON v FLUDD (AD NO. 19/11444) (2019 NY Slip Op 83994[U]):
2nd Dept. App. Div. order of 11/13/19; denial of writ of habeas corpus; sua sponte examination of whether any basis exists to support an appeal as of right; Habeas Corpus- -Petition--Whether the Appellate Division properly denied petitioner's application for a writ of habeas corpus; App. Div. among other things, denied petitioner's application for a writ of habeas corpus.

HOME EQUITY MORTGAGE TRUST SERIES 2006-1 v DLJ MORTGAGE CAPITAL, INC. (175 AD3d 1175):
1st Dept. App. Div. order of 9/17/19; affirmance; leave to appeal granted by App. Div., 12/12/19; Contracts--Breach or Performance of Contract--Whether the doctrine of relation back permits residential mortgage-backed securities (RMBS) plaintiffs to assert otherwise untimely notice-based claims for any loan in an RMBS trust, and thereby excuse plaintiffs' failure to comply with a contractual precondition to invoking the repurchase remedy, as long as the plaintiffs provided timely pre-suit repurchase demands relating to some specified loans in the trust--Evidence--Demonstrative Evidence--Whether plaintiffs may rely on statistical sampling to prove liability and damages for loans outside of the sample when a RMBS sole remedy provision requires loan-specific proof of breach, materiality, and damages--Contracts--Breach or Performance of Contract--Whether plaintiffs are entitled to recover as damages interest that did not, in fact, accrue when an RMBS contractual provision provides for the payment of "accrued" interest as part of the repurchase remedy; Supreme Court, New York County, denied the motion of defendant DLJ Mortgage Capital, Inc. for partial summary judgment, and granted plaintiffs' motion for partial summary judgment; App. Div. affirmed.

OWENS, MATTER OF v NEW YORK CITY HUMAN RESOURCES ADMINISTRATION, DEPARTMENT OF SOCIAL SERVICES, OFFICE OF CHILD SUPPORT ENFORCEMENT, SUPPORT COLLECTION UNIT (177 AD3d 546):
1st Dept. App. Div. order of 11/21/19; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Parent, Child and Family--Support--Whether Supreme Court properly dismissed as moot petition to reverse respondent's determination that petitioner's tax refund would be offset to pay child support; whether petitioner could seek reimbursement of overpayment of child support; Appearances--Appearance by Corporation Counsel--Whether respondent agency appeared by a proper attorney; alleged constitutional violations; Supreme Court, New York County, denied the petition to annul respondent's determination, dated 10/19/17, which denied petitioner's appeal of respondent's decision to offset his tax refund to pay child support arrears, and dismissed the proceeding brought pursuant to CPLR article 78; App. Div. affirmed.

P.B. #7, LLC v RICHMOND (APP. DIV. NO. 2013-2106; 2013-2107; 2013-2108) (167 AD3d 1028):
2nd Dept. App. Div. order of 12/26/18, dismissal; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any basis exists for an appeal as of right; Mortgages-- Foreclosure--Default; Contempt--Civil Contempt; Supreme Court, Kings County, denied a motion by defendant Richmond to dismiss the complaint pursuant to CPLR 3215 (c) (1/14/13 order); among other things, denied that branch of the cross motion of defendant Richmond to dismiss the complaint pursuant to CPLR 3215 (c) (12/19/12 order); and granted the temporary receiver's motion to hold defendant Richmond in civil contempt and directed him to comply with an order of the same court dated 4/24/12 (10/24/12 order); App. Div. (1) dismissed the appeal from the 1/14/13 order; (2) affirmed the 10/24/12 order, and (3) affirmed the 12/19/12 order insofar as appealed from.

P.B. #7, LLC v RICHMOND (APP. DIV. NO. 2015-06192) (167 AD3d 1031):
2nd Dept. App. Div. order of 12/26/18; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any basis exists for an appeal as of right; Mortgages-- Foreclosure--Default--Vacatur; Supreme Court, Kings County, denied those branches of defendant Richmond's motion which were pursuant to CPLR 5015 (a)(3), in effect, to vacate a judgment of foreclosure and sale of the same court dated 9/28/12, entered upon his default, and to set aside the foreclosure sale of the subject property; App. Div. affirmed.

For December 27, 2019 through January 2, 2020, the following preliminary appeal statements were filed:

COLE v COLE (172 AD3d 680):
2nd Dept. App. Div. order of 5/1/19; modification; leave to appeal granted by Court of Appeals, 12/17/19; Rule 500.11 review pending; Parent, Child and Family-- Custody--Whether determination awarding physical custody to plaintiff has a sound and substantial basis in the record; allegations of domestic violence; Supreme Court, Orange County, among other things, awarded plaintiff physical custody of the parties' children with visitation to defendant; App. Div. modified the judgment by adding thereto a provision directing the parties to pay their respective pro rata share of the children's future unreimbursed health care expenses; and as so modified, affirmed the judgment insofar as appealed from, and remitted the matter to Supreme Court for a determination of each party's pro rata share of the children's future unreimbursed health care expenses.

LIVIDINI v GOLDSTEIN (175 AD3d 420):
1st Dept. App. Div. order of 8/20/19; reversal with two-Justice dissents; leave to appeal granted by App. Div., 11/26/19; Rule 500.11 review pending; Courts--Transfer or Removal to Other Courts--Residency--Whether, for purposes of a motion to change venue, venue was properly placed in Bronx County under CPLR 503 (a) or (d) when an individual defendant listed a Bronx County address with a licensing agency but it was undisputed that the address was not his principal place of business; Supreme Court, Bronx County, granted the motions of defendants Harold L. Goldstein, D.P.M., Rye Ambulatory Surgery Center, LLC and Westmend Medical Group, P.C., and the cross motion of defendant Vinai Prakash, D.P.M., to change venue from Bronx County to Westchester County; App. Div. reversed and denied motions and cross motions.