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For May 13, 2016 through May 19, 2016, the following preliminary appeal statements were filed:

BENNETT v HUCKE (131 AD3d 993):
2nd Dept. App. Div. order of 9/16/15; affirmance; leave to appeal granted by Court of Appeals, 5/3/16; Rule 500.11 review pending; LABOR - SAFE PLACE TO WORK - LIABILITY OF CONSTRUCTION MANAGER - WHETHER PLAINTIFF RAISED A TRIABLE ISSUE OF FACT AS TO CONSTRUCTION MANAGER'S STATUS AS THE GENERAL CONTRACTOR ON THE PROJECT THROUGH THE SUBMISSION OF CHECKS BY THE HOMEOWNER TO THE CONSTRUCTION MANAGER WITH THE LETTERS "G.C." CONTAINED IN THE MEMO LINE; Supreme Court, Suffolk County, granted the motion of defendants Alan Kirk and Alan H. Kirk, Inc. for summary judgment dismissing the complaint insofar as asserted against them; App. Div. affirmed.

THE BURLINGTON INSURANCE COMPANY v NEW YORK CITY TRANSIT AUTHORITY (132 AD3d 127):
Supreme Court, New York County, judgment, bringing up for review 1st Dept. App. Div. order of 8/11/15; reversal; leave to appeal granted by Court of Appeals, 5/5/16; INSURANCE - LIABILITY INSURANCE - CONSTRUCTION OF POLICY - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING THAT DEFENDANTS WERE ADDITIONAL INSUREDS UNDER PLAINTIFF INSURER'S GENERAL LIABILITY POLICY WITH A CONTRACTOR, WHERE THE ACCIDENT FOR WHICH COVERAGE WAS SOUGHT WAS NOT CAUSED BY THE CONTRACTOR'S NEGLIGENCE OR FAULT; Supreme Court, New York County, granted plaintiff Burlington Insurance Company (Burlington) summary judgment on its first cause of action declaring that Burlington owes defendants New York City Transit Authority (NYCTA) and Metropolitan Transit Authority (MTA) no coverage in the underlying personal injury action, granted Burlington leave to amend its complaint to assert a second cause of action against NYCTA for contractual indemnification as equitable subrogee of the City of New York, and denied defendants' cross motion for summary judgment on its first cause of action; thereafter, Supreme Court, as relevant here, granted Burlington's motion for summary judgment for contractual indemnification against NYCTA and directed judgment in favor of Burlington in the amount of $950,000, plus prejudgment interest, fees and costs; App. Div. reversed, denied Burlington's motions for summary judgment and to amend the complaint, granted defendants' cross motion for summary judgment on the first cause of action to the extent of declaring that defendants were entitled to coverage in the underlying personal injury action as additional insureds under the subject policy, and directed the Clerk to enter judgment accordingly; thereafter, Supreme Court, among other things, declared that defendants were entitled to coverage as additional insureds under the Burlington policy and awarded attorneys' fees.

GARTHON BUSINESS, INC. v STEIN (138 AD3d 587):
1st Dept. App. Div. order of 4/26/16; reversal and modification with two-Justice dissent; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; ARBITRATION - AGREEMENT TO ARBITRATE - SUCCESSIVE AGREEMENTS - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT, AS TO CLAIMS THAT AROSE WHEN THE FIRST AGREEMENT AT ISSUE WAS IN FORCE, THE FORUM SELECTION CLAUSE IN THE FIRST AGREEMENT, WHICH STATED THAT DISPUTES WOULD BE RESOLVED IN THE COURTS OF THE UNITED STATES OF AMERICA, SURVIVED CERTAIN SUBSEQUENT AGREEMENTS THAT TERMINATED PRIOR AGREEMENTS, CONTAINED MERGER CLAUSES AND CLAUSES REQUIRING ARBITRATION OF DISPUTES - WHETHER CLAIMS THAT OTHERWISE WOULD BE SUBJECT TO ARBITRATION SHOULD BE LITIGATED IN COURT BECAUSE THEY ARE "INEXTRICABLY BOUND" TO CLAIMS ARISING UNDER THE FIRST AGREEMENT - WHETHER COURT OR ARBITRATORS SHOULD DECIDE ISSUE OF ARBITRABILITY; WHETHER THE APPELLATE DIVISION CORRECTLY GRANTED PLAINTIFFS' MOTION FOR DISCOVERY ON THE ISSUES OF PERSONAL JURISDICTION AND ALTER EGO; Supreme Court, New York County, denied plaintiffs' motion for limited discovery on the issues of, among other things, personal jurisdiction and alter ego; the same court granted the separate motions of defendants Stein and Aurdeley Enterprises Limited to compel arbitration and stay discovery, and dismissed the action subject to certain conditions; App. Div. reversed the Supreme Court order that denied the motions to compel arbitration, and reinstated the complaint; and modified the order that denied plaintiffs' motion for limited discovery to permit discovery on those issues, and otherwise affirmed.

JOHNSON, MATTER OF v COUNTY OF ORANGE (138 AD3d 850):
2nd Dept. App. Div. order of 4/13/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; CIVIL SERVICE - CHALLENGE TO TERMINATION OF PETITIONER'S PROBATIONARY EMPLOYMENT AS A DEPUTY SHERIFF - WHETHER THE TERMINATION OF PETITIONER'S EMPLOYMENT WAS IN BAD FAITH, FOR A CONSTITUTIONALLY IMPERMISSIBLE OR AN ILLEGAL PURPOSE, OR IN VIOLATION OF STATUTORY OR DECISIONAL LAW - PETITIONER'S RIGHT OF INTIMATE ASSOCIATION UNDER THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION; Supreme Court, Orange County, granted respondents' motion to dismiss the petition for failure to state a cause of action; App. Div. affirmed.

For May 20, 2016 through May 26, 2016, the following preliminary appeal statements were filed:

AMERICAN ECONOMY INSURANCE COMPANY v STATE OF NEW YORK ( 139 AD3d 138):
1st Dept. App. Div. order of 4/14/16; reversal; WORKERS' COMPENSATION - SPECIAL FUNDS - WHETHER WORKERS' COMPENSATION LAW § 25-a(1-a) IMPOSES RETROACTIVE LIABILITY IN VIOLATION OF THE CONTRACT CLAUSE OF THE U.S. CONSTITUTION AND THE TAKINGS CLAUSE OF THE U.S. AND NEW YORK STATE CONSTITUTIONS; Supreme Court, New York County, dismissed the complaint; App. Div. reversed, reinstated the complaint, and directed the Clerk to enter an amended judgment in favor of plaintiffs declaring that Workers' Compensation Law § 25-a(1-a) as retroactively applied to policies issued before October 1, 2013 is unconstitutional.

CANADY (EARL), PEOPLE v (50 Misc 3d 132(A)):
App. Term Second Dept, 2d, 11th and 13th Judicial Districts order of 12/31/15; affirmance; leave to appeal granted by Fahey, J., 5/13/16; CRIMES - RIGHT TO A SPEEDY TRIAL - WHETHER TRIAL COURT IMPROPERLY CALCULATED THE TIME CHARGEABLE TO THE PEOPLE BY CHARGING THEM WITH TIME BEFORE THE OFF-CALENDAR STATEMENT OF READINESS WAS FILED, INSTEAD OF ONLY TIME AFTER THE DECLARATION; WHETHER PEOPLE'S OFF-CALENDAR READINESS DECLARATION WAS ILLUSORY; Criminal Court of the City of New York, Kings County, dismissed the proceeding on speedy trial grounds; App. Term affirmed.

CF HY LLC v HUDSON YARDS LLC (124 AD3d 490):
Supreme Court, New York County, order of 4/21/16; bringing up for review 1st Dept. App. Div. order of 1/20/15; affirmance; pending motion to dismiss appeal; MORTGAGES - FORECLOSURE - DETERMINATION OF FAIR MARKET VALUE OF MORTGAGED PROPERTY FOR PURPOSES OF CONSIDERING APPLICATION FOR DEFICIENCY JUDGMENT - WHETHER TRIAL COURT ERRED IN DENYING DEFENDANT SINGER'S REQUEST FOR AN ADJOURNMENT OF THE HEARING SO THAT HE COULD BE PRESENT AND TESTIFY REGARDING VALUATION - WHETHER THE TRIAL COURT PROPERLY CONSIDERED VARIOUS FACTORS IN DETERMINING MARKET VALUE, INCLUDING THE PURCHASE PRICE AFTER THE FORECLOSURE SALE; Supreme Court awarded judgment in favor of plaintiff in the total amount of $25,764,306.96; App. Div. affirmed; Supreme Court thereafter denied defendant Singer's motion apparently seeking a final judgment in light of the court's prior severance of the plaintiff's application for attorneys' fees.

CONTACT CHIROPRACTIC, P.C. v NEW YORK CITY TRANSIT AUTHORITY (135 AD3d 804):
2nd Dept. App. Div. order of 1/20/16; affirmance; leave to appeal granted by App. Div., 5/10/16; Rule 500.11 review pending; LIMITATION OF ACTIONS - WHAT STATUTE GOVERNS - ACTION TO RECOVER FIRST-PARTY NO-FAULT BENEFITS - WHETHER AN ACTION BY AN INJURED CLAIMANT, OR THE CLAIMANT'S ASSIGNEE, TO RECOVER FIRST-PARTY NO-FAULT BENEFITS FROM A SELF-INSURED DEFENDANT, IS SUBJECT TO SIX-YEAR OR THREE- YEAR STATUTE OF LIMITATIONS; App. Term Second Dept, 2d, 11th and 13th Judicial Districts, affirmed so much of an order of the Civil Court of the City of New York, Queens County, dated July 27, 2011, as upon renewal, adhered to the original determination in an order of the same court dated December 4, 2007, denying that branch of defendant's motion which was for summary judgment dismissing the complaint as time-barred; App. Div. affirmed.

LANGDON (FRANK DINEHART), PEOPLE v:
County Court, Columbia County, letter decision of 3/17/16; sua sponte examination whether any jurisdictional basis exists for this appeal taken as of right; APPEAL - APPEALABLE PAPER - DENIAL OF MOTION FOR A HEARING IN A CRIMINAL MATTER; County Court denied the 3/7/16 "motion for a hearing" regarding Indictment No. 3386.

LOFTON (DAVID), PEOPLE v (132 AD3d 1242):
4th Dept. App. Div. order of 10/2/15; modification; leave to appeal granted by Abdus-Salaam, J., 5/16/16; CRIMES - SENTENCE - YOUTHFUL OFFENDER - DENIAL OF YOUTHFUL OFFENDER STATUS - WHETHER THE TRIAL COURT'S STATEMENTS AT SENTENCING SATISFIED THE REQUIREMENT SET FORTH IN PEOPLE v MIDDLEBROOKS (25 NY3d 516, 522 [2015]) THAT THE COURT "DETERMINE ON THE RECORD IF [DEFENDANT] WAS AN ELIGIBLE YOUTH DUE TO THE EXISTENCE OF ONE OR MORE OF THE FACTORS SET FORTH IN CPL 720.10(3)"; Supreme Court, Monroe County, convicted defendant as a juvenile offender, upon a jury verdict, of criminal sexual act in the first degree and burglary in the second degree and imposed a sentence; App. Div. modified by vacating the surcharge and DNA databank fee and otherwise affirmed.

PRINCES POINT LLC v MUSS DEVELOPMENT LLC (138 AD3d 112):
1st Dept. App. Div. order of 2/4/16; affirmance; leave to appeal granted by App. Div., 5/12/16; Rule 500.11 review pending; VENDOR AND PURCHASER - CONTRACT FOR SALE OF REAL PROPERTY - WHETHER PROSPECTIVE PURCHASER OF REAL PROPERTY COMMITS ANTICIPATORY BREACH OF CONTRACT BY COMMENCING AN ACTION AGAINST SELLERS FOR RESCISSION OF THE CONTRACT BEFORE THE CLOSING DATE - WHETHER SELLERS ARE REQUIRED TO ESTABLISH THAT THEY ARE READY, WILLING AND ABLE TO CLOSE AFTER BUYER'S ANTICIPATORY BREACH IN ORDER TO RETAIN THE DEPOSIT AND CERTAIN OTHER PAYMENTS AS LIQUIDATED DAMAGES; Supreme Court, New York County, declared that plaintiff anticipatorily breached its real estate contract with one of the defendants, entitling defendants to recover the down payment and to retain certain other payments; App. Div. affirmed.

WILLIAMS v STATE OF NEW YORK (137 AD3d 1579):
4th Dept. App. Div. order of 3/18/16; affirmance; sua sponte examination whether the Appellate Division order 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; STATE - CLAIM AGAINST STATE - PERMISSION TO FILE LATE CLAIM DENIED - WHETHER THE COURT OF CLAIMS ABUSED ITS DISCRETION IN DENYING THAT PART OF CLAIMANTS' MOTION SEEKING PERMISSION TO FILE A LATE CLAIM BASED ON A CONSTITUTIONAL TORT THEORY OR A NEGLIGENT TRAINING THEORY; Court of Claims granted claimants' motion for permission to file a late claim against defendant with respect to a claim for damages for decedent's pain and suffering based on defendant's alleged negligence in failing to protect decedent, and otherwise denied claimants' motion for permission to file a late claim against defendant; App. Div. affirmed.