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For July 31, 2015 through August 6, 2015, the following preliminary appeal statements were filed:

COFFED v McCARTHY (130 AD3d 1436):
4th Dept. App. Div. order of 7/2/15; reversal with two-Justice dissent; Rule 500.11 review pending; NEGLIGENCE - PROXIMATE CAUSE - ACTION SEEKING DAMAGES FOR FATAL INJURIES SUSTAINED BY DECEDENT WHEN THE BICYCLE HE WAS RIDING COLLIDED WITH A DUMP TRUCK - WHETHER THE APPELLATE DIVISION ERRED IN GRANTING SUMMARY JUDGMENT TO DEFENDANTS UPON THE GROUND THAT DECEDENT'S FAILURE TO STOP AT A RED LIGHT WAS THE SOLE PROXIMATE CAUSE OF THE ACCIDENT; Supreme Court, Erie County, denied defendants' motion for summary judgment dismissing the complaint; App. Div. reversed, granted the motion and dismissed the complaint.

GREEN v METROPOLITAN TRANSPORTATION AUTHORITY BUS COMPANY (127 AD3d 421):
1st Dept. App. Div. order of 4/7/15; modification; leave to appeal granted by App. Div., 7/2/15; Rule 500.11 review pending, and sua sponte examination whether appellant Lewis is aggrieved by the Appellate Division order from which leave to appeal was granted; NEGLIGENCE - EMERGENCY DOCTRINE - SUMMARY JUDGMENT - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT THE MTA DEFENDANTS WERE ENTITLED TO SUMMARY JUDGMENT UNDER THE EMERGENCY DOCTRINE; JUDGMENTS - SUMMARY JUDGMENT - NEED FOR DISCOVERY - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT THE SUMMARY JUDGMENT MOTION WAS NOT PREMATURE; Supreme Court, New York County, granted the motion of defendants Laws and Santiago to dismiss plaintiff's causes of action against them and denied the MTA defendants' cross motion for summary judgment; thereafter, Supreme Court denied the MTA defendants' motion to renew, granted their motion to reargue their cross motion for summary judgment, and upon reargument, adhered to its initial order; App. Div. modified the second Supreme Court order to grant upon reargument the cross motion of the MTA defendants for summary judgment, and 2) dismissed, as academic, the appeal from the initial Supreme Court order.

MENKES v GOLOMB (128 AD3d 505):
1st Dept. App. Div. order of 5/19/15; affirmance with two-Justice dissent; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; ATTORNEY AND CLIENT - COMPENSATION - FEE-SHARING AGREEMENT - WHETHER THE APPELLATE DIVISION ERRED IN GRANTING MOTIONS TO FIX ATTORNEYS' FEES AT CERTAIN STATED PERCENTAGES UPON THE GROUND THAT THE AGREEMENTS AT ISSUE UNAMBIGUOUSLY PROVIDED FOR THE SHARING OF FEES AT THOSE PERCENTAGES; Supreme Court, New York County, among other things, (1) denied attorney Sheryl Menkes' motion to fix attorney David B. Golomb's share of net attorneys' fees at 12% and to determine attorney Jeffrey A. Manheimer's share of net attorneys' fees on a quantum meruit basis, (2) granted Manheimer's cross motion to fix his share of net attorneys' fees at 20% and (3) granted Golomb's cross motion to fix his share of net attorneys' fees at 40%; App. Div. affirmed.

SILVERMAN v DAILY NEWS, L.P. (129 AD3d 1054):
2nd Dept. App. Div. order of 6/24/15; affirmance; sua sponte examination whether the order appealed from 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; LIBEL AND SLANDER - OPINIONS - WHETHER THE APPELLATE DIVISION ERRED IN DISMISSING PLAINTIFF'S DEFAMATION CLAIMS ON THE BASIS THAT THE CHALLENGED STATEMENTS CONSTITUTED NONACTIONABLE OPINION; Supreme Court, Queens County, granted the motion of defendants Daily News, L.P., Corinne Lestch, and Larry McShane pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them; App. Div. affirmed.

For August 7, 2015 through August 14, 2015, the following preliminary appeal statements were filed:

AVILES (JOSE), PEOPLE v (47 Misc 3d 126(A)):
App. Term, 1st Dept. order of 3/23/15; reversal; leave to appeal granted by Pigott, J., 7/29/15; CONSTITUTIONAL LAW - EQUAL PROTECTION OF LAWS - WHETHER THE FAILURE OF POLICE TO ADMINISTER A PHYSICAL COORDINATION TEST TO A NON-ENGLISH SPEAKING DRIVING WHILE INTOXICATED SUSPECT VIOLATES EQUAL PROTECTION OR DUE PROCESS WHERE SUCH TESTS ARE ROUTINELY ADMINISTERED TO ENGLISH- SPEAKING SUSPECTS; Criminal Court of the City of New York, Bronx County, granted defendant's motion to dismiss the accusatory instrument pursuant to CPL 170.30(1)(f); App. Term reversed, denied defendant's motion, reinstated the accusatory instrument, and remanded the matter for further proceedings.

CANGRO v REITANO (130 AD3d 486):
1st Dept. App. Div. order of 7/9/15; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; JUDGMENTS - RES JUDICATA - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT PLAINTIFF'S CLAIMS WERE BARRED UNDER THE DOCTRINE OF RES JUDICATA; CLAIMED CONSTITUTIONAL VIOLATIONS; Supreme Court, New York County, dismissed the complaint, granted defendant a protective order, and awarded a $500 sanction against plaintiff; App. Div. affirmed.

CRUZ v BRONX LEBANON HOSPITAL CENTER (129 AD3d 631):
1st Dept. App. Div. order of 6/30/15; modification with a two-Justice dissent; Rule 500.11 review pending; NEGLIGENCE - MAINTENANCE OF PREMISES - SUFFICIENCY OF THE EVIDENCE OF DEFECTIVE CONDITION AND DEFENDANT'S CONSTRUCTIVE NOTICE OF DEFECTIVE CONDITION; REMARKS BY PLAINTIFF'S COUNSEL IN SUMMATION - WHETHER THE COURTS BELOW ERRED IN DETERMINING THAT LIMITED NUMBER OF INFLAMMATORY REMARKS, ALONG WITH THE COURT'S CURATIVE INSTRUCTIONS, DO NOT ESTABLISH THAT DEFENDANT WAS DENIED A FAIR TRIAL; Supreme Court, Bronx County, awarded plaintiff damages for past and future pain and suffering in the amounts of $140,000 and $60,000, respectively, as reduced by prior order of Supreme Court entered 5/16/13; App. Div. modified to the extent of restoring the amounts awarded by the jury for past and future pain and suffering, $300,000 and $270,000, respectively, and otherwise affirmed.

GUERRERO (LERIO), PEOPLE v (126 AD3d 613):
1st Dept. App. Div. order of 3/24/15; affirmance; leave to appeal granted by Lippman, Ch.J., 7/24/15; CRIMES - INDICTMENT - IDENTIFICATION OF DEFENDANT BY DNA PROFILE - VALIDITY OF DNA INDICTMENT AND ITS AMENDMENT TO ADD THE NAME OF DEFENDANT ONCE HE WAS IDENTIFIED AS THE SOURCE OF THE DNA; PLEA OF GUILTY - WHETHER DEFENDANT FORFEITED THE RIGHT TO CHALLENGE THE INDICTMENT BY PLEADING GUILTY; Supreme Court, New York County, convicted defendant, upon his guilty plea, of rape in the first degree, two counts of sodomy in the first degree, two counts of burglary in the first degree, two counts of robbery in the first degree, and attempted robbery in the first degree, and sentenced him to an aggregate term of 15 years; App. Div. affirmed.

PRICE (CHRIS), PEOPLE v (127 AD3d 995):
2nd Dept. App. Div. order of 4/15/15; affirmance; leave to appeal granted by Fahey, J., 7/28/15; CRIMES - EVIDENCE - PHOTOGRAPH OF DEFENDANT HOLDING GUN - WHETHER THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE A PHOTOGRAPH POSTED ON DEFENDANT'S WEBSITE WHERE DEFENSE COUNSEL OBJECTED ON THE GROUND THAT THE PEOPLE FAILED TO LAY A PROPER FOUNDATION BECAUSE THEY DID NOT ESTABLISH THAT THE PHOTOGRAPH WAS GENUINE AND THE COMPLAINANT DID NOT CONFIRM THAT THE GUN IN THE PHOTOGRAPH WAS THE SAME AS THAT USED IN THE ROBBERY; SUFFICIENCY OF THE EVIDENCE ESTABLISHING DEFENDANT'S IDENTITY AS THE MAN WHO ROBBED THE VICTIM AT GUNPOINT; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of robbery in the first degree and robbery in the second degree, and imposed sentence; App. Div. affirmed.

XIU JIAN SUN v STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLES (2015 NY Slip Op 79526[U]):
2nd Dept. App. Div. order of 7/20/15; dismissal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right or whether any other basis exists to support an appeal as of right; APPEAL - CHALLENGE TO APPELLATE DIVISION ORDER DISMISSING APPEAL ON THE GROUND THAT NO APPEAL LIES FROM AN ORDER ENTERED UPON THE APPELLANT'S DEFAULT; Supreme Court, Queens County, granted, without opposition, defendant's motion to dismiss the complaint for want of personal jurisdiction and for failing to state a cause of action; App. Div. dismissed plaintiff's appeal on the court's own motion on the ground that no appeal lies from an order entered upon the appellant's default.

TARDI (WILSON J.), PEOPLE v (122 AD3d 1337):
4th Dept. App. Div. order of 11/14/14; affirmance; leave to appeal granted by Abdus-Salaam, J., 7/28/15; CRIMES - SUPPRESSION HEARING - EVIDENCE SEIZED FROM VEHICLE WHICH WAS IMPOUNDED AFTER DEFENDANT'S ARREST AND SUBJECTED TO INVENTORY SEARCH PURSUANT TO POLICE DEPARTMENT'S WRITTEN POLICY; CLAIMED UNCONSTITUTIONALITY OF SEARCH AND POLICE POLICY; County Court, Erie County, convicted defendant, upon his guilty plea, of criminal possession of a weapon in the second degree and petit larceny; App. Div. affirmed.

THEN (RAFAEL), PEOPLE v (128 AD3d 864):
2nd Dept. App. Div. order of 5/13/15; affirmance; leave to appeal granted by Fahey, J., 7/29/15; CRIMES - FAIR TRIAL - WHETHER DEFENDANT WAS DEPRIVED OF HIS RIGHT TO A FAIR TRIAL WHEN HE APPEARED WEARING ORANGE PRISON PANTS DURING JURY SELECTION; WHETHER SUPREME COURT ERRED IN ADMITTING TESTIMONY THAT DEFENDANT POSSESSED A GUN DURING THE MONTH OF THE CRIME; WHETHER THE PROSECUTOR'S SUMMATION DEPRIVED DEFENDANT OF A FAIR TRIAL; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of robbery in the first degree and robbery in the second degree, and imposed sentence; App. Div. affirmed.

TUNG, MATTER OF v CHINA BUDDHIST ASSOCIATION (124 AD3d 13):
1st Dept. App. Div. order of 11/13/14; reversal; leave to appeal granted by App. Div., 7/28/15; Rule 500.11 review pending; RELIGIOUS CORPORATIONS AND ASSOCIATIONS - MEETINGS - WHETHER THE APPELLATE DIVISION CORRECTLY DETERMINED THAT THE ISSUES RAISED BY PETITIONERS ARE RELIGIOUS IN NATURE AND CANNOT BE DECIDED THROUGH THE APPLICATION OF NEUTRAL PRINCIPLES OF LAW; CLAIMED FIRST AMENDMENT AND FOURTEENTH AMENDMENT VIOLATIONS; Supreme Court, New York County, granted the petition to the extent of invalidating the China Buddhist Association's May 2011 meeting and directed that another general meeting be held with petitioners included; App. Div. reversed, vacated the order and dismissed the petition.