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For May 24, 2013 through May 30, 2013, the following preliminary appeal statements were filed:

BRUNO KEARNEY ARCHITECTS, LLP v ROSE (104 AD3d 472):
1st Dept. App. Div. order of 3/12/13; reversal; Rule 500.11 review pending, together with examination whether an appeal as of right lies pursuant to CPLR 5601(c); CONTRACTS - FORMATION OF CONTRACT - QUANTUM MERUIT - ATTORNEYS' FEES - WHETHER THE APPELLATE DIVISION APPLIED AN INCORRECT STANDARD OF APPELLATE REVIEW IN THIS ACTION FOR BREACH OF A CONTRACT UNDER WHICH PLAINTIFF WAS TO PROVIDE DEFENDANT WITH A DESIGN FOR A HOUSE; Supreme Court, New York County, after a nonjury trial, awarded judgment in plaintiff's favor; App. Div. reversed and remanded the matter for a new trial.

409-411 SIXTH STREET, LLC v MOGI (100 AD3d 112):
1st Dept. App. Div. order of 10/2/12; reversal with dissents; leave to appeal granted by App. Div., 5/21/13; Rule 500.11 review pending; LANDLORD AND TENANT - RENT REGULATION - PRIMARY RESIDENCE - CHALLENGE TO APPELLATE DIVISION ORDER FINDING THAT THE PREPONDERANCE OF THE EVIDENCE ESTABLISHES THAT TENANT OCCUPIED THE SUBJECT APARTMENT AS HER PRIMARY RESIDENCE DURING THE RELEVANT TIME PERIOD; Civil Court of the City of New York, New York County awarded possession to landlord in a holdover summary proceeding; App. Term affirmed; App. Div. reversed, denied the holdover petition and dismissed the proceeding.

FREZZELL v CITY OF NEW YORK (105 AD3d 620):
1st Dept. App. Div. order of 4/23/13; affirmance with dissents; Rule 500.11 review pending; MUNICIPAL CORPORATIONS - TORT LIABILITY - EMERGENCY VEHICLES - RECKLESS DISREGARD - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT THERE WERE NO TRIABLE ISSUES OF MATERIAL FACT AS TO WHETHER DEFENDANT POLICE OFFICER ACTED WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS WHEN HIS POLICE CAR CRASHED INTO ANOTHER POLICE CAR DRIVEN BY PLAINTIFF; Supreme Court, New York County granted defendants' motion for summary judgment dismissing the complaint; App. Div. affirmed.

KORDISH (ROBERT), PEOPLE v (2012 NY Slip Op 83087[U]):
2nd Dept. App. Div. order of 8/30/12; dismissal of appeal; leave to appeal granted by Smith, J., 4/2/13; Rule 500.11 review pending; CRIMES - RIGHT TO COUNSEL - DISMISSAL OF APPEAL TAKEN IN 1992 WHERE FORMER FUGITIVE ATTEMPTED TO PROCEED WITH THE APPEAL APPROXIMATELY 20 YEARS LATER - WHETHER DEFENDANT WAS ENTITLED TO THE ASSISTANCE OF COUNSEL TO OPPOSE THE DISMISSAL OF HIS APPEAL; Supreme Court, Queens County convicted defendant of a drug crime; App. Div. dismissed the appeal on the ground that defendant abandoned it and denied defendant's motion for poor person relief and the assignment of counsel.

PALATKEVICH v STANACARD, LLC (105 AD3d 496):
1st Dept. App. Div. order of 4/11/13; affirmance; sua sponte examination whether the order appealed from, which affirms a Supreme Court order granting plaintiff's application to voluntarily discontinue the action "without prejudice," 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; DISMISSAL AND NONSUIT - DISCONTINUANCE - DENIAL OF REQUEST TO SEVER COUNTERCLAIM FROM ACTION THAT WAS VOLUNTARILY DISCONTINUED WITHOUT PREJUDICE; Supreme Court, New York County granted plaintiff's oral application on the record, seeking leave to voluntarily discontinue the action, without prejudice, pursuant to CPLR 3217(b), and in accordance with a notice of discontinuance filed with the court; App. Div. affirmed.

SUBWAY SURFACE SUPERVISORS ASSOCIATION, MATTER OF v NEW YORK CITY TRANSIT AUTHORITY (102 AD3d 532):
1st Dept. App. Div. order of 1/22/13; affirmance; leave to appeal granted by App. Div., 5/23/13; CIVIL SERVICE - ALLEGED VIOLATION OF CIVIL SERVICE LAW § 115 BY NEW YORK CITY TRANSIT AUTHORITY (NYCTA) - WHETHER § 115 APPLIES TO NYCTA EMPLOYEES - WHETHER THE VIOLATION OF § 115 GIVES RISE TO A CAUSE OF ACTION - EQUAL PROTECTION CLAIM - CLASSIFICATION - EQUAL PAY FOR EQUAL WORK - WHETHER SUPREME COURT ERRED IN IMPLICITLY DEEMING THE PETITION TO HAVE BEEN AMENDED TO ALLEGE A VIOLATION OF SECTION 115; Supreme Court, New York County denied respondent NYCTA's cross motion to dismiss a CPLR article 78 petition; App. Div. affirmed.

ZAYTSEV v STANACARD, LLC (105 AD3d 497):
1st Dept. App. Div. order of 4/11/13; affirmance; sua sponte examination whether the order appealed from, which affirms a Supreme Court order granting plaintiff's application to voluntarily discontinue the action "without prejudice," 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; DISMISSAL AND NONSUIT - DISCONTINUANCE - DENIAL OF REQUEST TO SEVER COUNTERCLAIM FROM ACTION THAT WAS VOLUNTARILY DISCONTINUED WITHOUT PREJUDICE; Supreme Court, New York County denied defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.

For May 31, 2013 through June 6, 2013, the following preliminary appeal statements were filed:

IDT CORP. v TYCO GROUP, S.A.R.L. (104 AD3d 170):
1st Dept. App. Div. order of 12/27/12; reversal; leave to appeal granted by App. Div., 5/21/13; CONTRACTS - BREACH OR PERFORMANCE OF CONTRACT - OBLIGATION TO NEGOTIATE - BREACH OF SETTLEMENT AGREEMENT AND DUTY TO NEGOTIATE IN GOOD FAITH - CONDITIONS PRECEDENT - EFFECT OF PRIOR APPELLATE DIVISION AND COURT OF APPEALS DECISIONS IN THIS CASE WITH RESPECT TO DEFENDANTS' OBLIGATIONS UNDER THE SETTLEMENT AGREEMENT - EXTINGUISHMENT OF CONTRACTUAL OBLIGATIONS - COLLATERAL ESTOPPEL - RES JUDICATA; Supreme Court, New York County granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(7); App. Div. reversed, and denied defendants' motion to dismiss.

TOWN OF MONTAUK, MATTER OF v CORTEZ-VASQUEZ:
Supreme Court order of 5/15/13; dismissal of proceeding; sua sponte examination whether an appeal as of right lies pursuant to CPLR 5601(b)(2); PROCEEDING AGAINST BODY OR OFFICER - MANDAMUS - CHALLENGE TO SUPREME COURT JUDGMENT DISMISSING A CPLR ARTICLE 78 PROCEEDING AS UNTIMELY; Supreme Court, Albany County dismissed a CPLR article 78 proceeding as untimely.

RUSSELL (MARK), PEOPLE v (99 AD3d 211):
1st Dept. App. Div. order of 9/4/12; reversal with dissents; Rule 500.11 review pending, together with examination whether the reversal by the App. Div. was on the law alone; CRIMES - APPEAL - STANDARD OF REVIEW - WEIGHT OF EVIDENCE - WHETHER THE APPELLATE DIVISION IMPROPERLY RELIED UPON MATTERS NOT IN THE RECORD IN DETERMINING THAT THE VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE; Supreme Court, Bronx County convicted defendant, after a jury trial, of robbery in the first degree, and imposed sentence; App. Div. reversed, vacated the conviction and dismissed the indictment.

SMITH, MATTER OF v BROWN (105 AD3d 965):
2nd Dept. App. Div. judgment of 4/17/13; grant of petition; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - DOUBLE JEOPARDY - DECLARATION OF MISTRIAL OVER DEFENDANT'S OBJECTION - RETRIAL PRECLUDED IN ABSENCE OF MANIFEST NECESSITY FOR MISTRIAL - TRIAL COURT DECLARED A MISTRIAL AFTER FINDING THAT THE ABSOLUTE INTEGRITY OF THE JURY PROCESS HAD BEEN COMPROMISED WHEN ONE JUROR SHARED OUTSIDE LEGAL ADVICE WITH THE REMAINING JURORS - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT THE TRIAL COURT ABUSED ITS DISCRETION IN DECLARING A MISTRIAL WITHOUT CONSIDERING ALTERNATIVES; App. Div. granted a CPLR article 78 petition in the nature of prohibition to prohibit respondents from retrying petitioner in a criminal action entitled People v Smith pending in Supreme Court, Queens County, under Indictment No. 1075/09, on the ground that the retrial would violate his constitutional right not to be placed twice in jeopardy for the same offense.

TORRES v LOUZOUN ENTERPRISES, INC. (105 AD3d 945):
2nd Dept. App. Div. order of 4/17/13; affirmance; sua sponte examination whether so much of the App. Div. order as affirms the 5/21/12 Supreme Court 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; CIVIL RIGHTS - DISCRIMINATION IN EMPLOYMENT - HOSTILE WORK ENVIRONMENT - DISMISSAL OF COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION - DENIAL OF MOTION FOR LEAVE TO AMEND THE COMPLAINT; Supreme Court, Queens County granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(7) (4/16/12 order) and denied plaintiff's motion to amend the complaint (5/21/12 order); App. Div. affirmed.