Return to New Filings Page


For March 25, 2022 through March 31, 2022 , the following preliminary appeal statements were filed:

JAMES B. NUTTER & CO v COUNTY OF SARATOGA (195 AD3d 1359):
3rd Dept. App. Div. order of 6/24/21; affirmance; leave to appeal granted by the Court of Appeals 3/17/22; Taxation--Tax Liens, Tax Sales and Tax Titles--Whether the County defendants provided adequate statutory notice under RPTL 1125 of the underlying in rem tax lien foreclosure action; Whether RPTL 1125 which provides that notice "shall be deemed received unless both the certified mailing and the ordinary first class mailing are returned by the United States postal service within forty-five days after being mailed," creates a rebuttable presumption; whether Supreme Court had the authority to grant equitable relief; Supreme Court, Saratoga County, among other things, granted a cross motion by defendants County of Saratoga and Stephen M. Dorsey for summary judgment dismissing the complaint against them; App. Div. affirmed.

MANKO v GABAY (2022 NY Slip Op 61368[U]):
2nd Dept. App. Div. order of 2/4/22; denial of motion; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any jurisdictional basis exists for the appeal; Motions and Orders; App. Div. denied motion to recall and vacate prior orders and to reinstate appeals.

SUZANNE P. v JOINT BD. OF DIRECTORS (194 AD3d 1483):
4th Dept. App. Div. order of 5/7/21; reversal; leave to appeal granted by the Court of Appeals 3/17/22; Negligence--Duty--Whether defendant Joint Board of Directors of Erie-Wyoming County Soil Conservation District was owner of dam at which decedent sustained injuries; whether remaining defendants were entitled to summary judgment; Supreme Court, Erie County, inter alia, granted plaintiff's motion for a directed verdict; App. Div. reversed, denied plaintiff's motion for a directed verdict granted defendant's motion for a directed verdict, and dismissed the complaint.