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For September 27, 2019 through October 3, 2019, the following preliminary appeal statements were filed:

CUTAIA v THE BOARD OF MANAGERS OF 160/170 VARICK STREET CONDOMINIUM (172 AD3d 424):
1st Dept. App. Div. order of 5/2/19; reversal; leave to appeal granted by App. Div., 8/6/19; Rule 500.11 review pending; Labor--Safe Place to Work--Whether plaintiff established entitlement to summary judgment on the Labor Law § 240(1) claim; plaintiff was injured when he received electrical shock and fell off ladder; application of Nazario v 222 Broadway, LLC (28 NY3d 1054 [2016]); Supreme Court, New York County, inter alia, denied plaintiff partial summary judgment on his Labor Law § 240(1) claim as against defendants The Rector, Church Wardens and Vestrymen of Trinity Church in the City of New York, Michilli Construction, Inc., and Michilli, Inc.; App. Div. reversed and granted the motion.

DANIELS v NEW YORK CITY TRANSIT AUTHORITY (171 AD3d 601):
1st Dept. App. Div. order of 4/23/19; affirmance; leave to appeal granted by Court of Appeals, 9/10/19; Rule 500.11 review pending; Trial--Evidence--Whether the trial court abused its discretion by allowing expert witness testimony on non-mandatory "industry standards"; whether the trial court abused its discretion by allowing evidence of data concerning accidents at other subway stations; Supreme Court, New York County, upon a jury verdict, awarded damages in favor of plaintiff and against defendant New York City Transit Authority; App. Div. affirmed.

DIAZ (VICTOR), PEOPLE v (171 AD3d 1511):
4th Dept. App. Div. order of 4/26/19; affirmance; leave to appeal granted by Court of Appeals, 9/5/19; Rule 500.11 review pending; Crimes--Sex Offenders---Sex Offender Registration Act--Level Two Sex Offender--Whether County Court erred in assessing points for forcible compulsion under risk factor 1; Monroe County Court, determined that defendant is a level two risk pursuant to the Sex Offender Registration Act; App. Div. affirmed.

TOWN OF IRONDEQUOIT AND TOWN OF BRIGHTON, MATTER OF v COUNTY OF MONROE (175 AD3d 846):
4th Dept. App. Div. order of 8/22/19; reversal and dismissal; Statutes-- Construction--Whether maintenance repair and demolition charges assessed against real property by a town pursuant to Town Law §§ 64 (5-1) and 130 (16) that are not paid must be credited by the county to the town under Real Property Tax Law § 936; Supreme Court, Monroe County, denied motion of defendants to dismiss the petition-complaint and granted the petition-complaint; App. Div. reversed the judgment, granted the motion of defendants to dismiss the petition-complaint, and dismissed the petition-complaint.

MANKO v GABAY (INDEX NO. 22148/13) (175 AD3d 483, 175 AD3d 484, 175 AD3d 488, 175 AD3d 489):
2nd Dept. App. Div. orders of 8/7/19; dismissal and affirmance; sua sponte examination of whether the orders appealed from finally determine the action within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Appeal--Appealable order; Supreme Court, Kings County, granted motion of defendant Bernard H. Broome pursuant to CPLR 3211(a)(5) and (7) to dismiss the complaint insofar as asserted against (4/25/14 order); granted that branch of the motion of the defendants David A. Gabay, Law Offices of David A. Gabay, Law Offices of David A. Gabay, P.C., and Gabay Law Group, P.C., which was pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against them (7/9/14 order); upon an amended order, granted that branch of the motion of those defendants which was pursuant to CPLR 3211 (a)(5) to dismiss the complaint insofar as asserted against them, dismissing the complaints insofar as asserted against those defendants (10/30/14 order); denied those branches of plaintiff's motion which were pursuant to CPLR 5015 to vacate an order of the same court dated 7/9/14, and an amended order of the same court dated 10/8/14, pursuant to CPLR 3025(a) for leave to amend the complaint and for leave to renew plaintiff's opposition to that branch of the motion of defendants which was pursuant to CPLR 3211 (a)(5) to dismiss the complaint insofar as asserted against them, which had been granted in the order dated 7/9/14, and the amended order dated 10/8/14 (10/15/15 order); and thereafter, denied plaintiff's motion to vacate an order of the same court dated 2/23/15 (4/8/16 order); App. Div. dismissed the appeal from order of Supreme Court, dated 4/25/14; dismissed the appeal from the order of Supreme Court dated 7/9/14, and judgment of the same court, dated 10/30/14, and denied that branch of plaintiff's motion to strike certain portions of an appendix and brief; affirmed the order of Supreme Court dated 10/15/15 insofar as appealed from; and affirmed the order of Supreme Court dated 4/8/16 insofar as appealed from.

For October 4, 2019 through October 10, 2019, the following preliminary appeal statements were filed:

BATTAGLIA v MDC CONCOURSE CENTER, LLC (175 AD3d 1026):
4th Dept. App. Div. order of 8/22/19; modification; Rule 500.11 review pending; Negligence--Snow and Ice--Whether defendants established entitlement to summary judgment on plaintiff's negligence claim; plaintiff slipped and fell on ice in parking lot; application of "storm in progress" doctrine; Supreme Court, Erie County, denied the motion of defendants MDC Concourse Center, LLC, McGuire Development Company, LLC and McGuire Management Company, LLC, for summary judgment and granted that part of the motion of defendant R.D. Trucking & Transportation, Inc., for summary judgment dismissing the amended complaint against it; App. Div. modified by granting the motion of defendant R.D. Trucking & Transportation, Inc. in its entirety and by granting the motion of defendants MDC Concourse Center, LLC, McGuire Development Company, LLC and McGuire Management Company, LLC insofar as it sought summary judgment dismissing the amended complaint against them, and as so modified, affirmed.

ROSENTHAL v ROSENTHAL:
Supreme Court, Rockland County order of 9/11/19; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a direct appeal lies pursuant to CPLR 5601(b)(2); Constitutional Law--Freedom of Religion--Whether New York's no-fault divorce statute (Domestic Relations Law § 170 [7]) violates defendant's constitutional right to religious freedom under the First Amendment of the United States Constitution; Supreme Court, Rockland County, among other things, denied defendant's motion to compel arbitration of the marriage dissolution before an arbitration panel and granted plaintiff's motion to dismiss defendant's affirmative defense that New York's no-fault divorce statute (Domestic Relations Law § 170 [7]) violates defendant's constitutional right to religious freedom.

STRUJIAN v GLENCORD BUILDING CORP. (2019 NY Slip Op 77456[U]):
2nd Dept. App. Div. order of 8/14/19; sua sponte examination of 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; Appeal--Appealable Paper--Appellate Division order denying motion for reargument; App. Div. denied motion, in effect, for leave to reargue appeals from two orders of Supreme Court, Kings County (9/10/13 and 9/20/13), which were determined by decision and order of the App. Div. dated 3/30/16.

WALTON & WILLET STONE BLOCK, LLC v CAMELOT LODGE, LLC (175 AD3d 882):
4th Dept. App. Div. order of 8/22/19; reversal; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether the dissent at the App. Div. is on a question of law; Motions and Orders--Reargument or Renewal--Appellate Division reversed order of Supreme Court granting leave to renew motion to dismiss; Supreme Court, Oswego County, granted the motion of defendant Camelot Lodge, LLC for leave to renew its motion to dismiss the second amended complaint against it and, upon renewal, dismissed plaintiffs' second amended complaint against defendant Camelot Lodge, LLC and dismissed the specific performance cause of action against all defendants; App. Div. reversed, denied defendant Camelot Lodge, LLC's motions, reinstated the second amended complaint against defendant Camelot Lodge, LLC, and reinstated the first cause of action against the remaining defendants.

For October 11, 2019 through October 17, 2019, the following preliminary appeal statements were filed:

GAWORECKI (RICHARD B.), PEOPLE v (174 AD3d 1143):
3rd Dept. App. Div. order of 7/18/19; modification with dissents; leave to appeal granted by Mulvey, J., 8/29/19; Crimes--Indictment--Sufficiency of Evidence before Grand Jury--Whether the evidence presented to the grand jury was legally sufficient to establish that defendant committed manslaughter in the second degree or the lesser included offense of criminally negligent homicide; indictment alleged that defendant sold victim heroin, which resulted in victim's subsequent overdose and death; County Court, Broome County, partially granted defendant's motion to dismiss the indictment by dismissing the count of second degree manslaughter,; App. Div. modified the order of the County Court of Broome County by reversing so much thereof as partially granted defendant's motion to dismiss the indictment, denied the motion in its entirety, and, as so modified, affirmed.

HYMES (JUSTIN), PEOPLE v (174 AD3d 1295):
4th Dept. App. Div. order of 7/5/19; affirmance with dissents; leave to appeal granted by Smith, J., 9/24/19; Rule 500.11 review pending; Crimes--Right to be Present at Trial--Right to be Present at Trial--Whether defendant was denied his Antommarchi right to be present during material sidebar conferences; Crimes--Proof of Other Crimes--Whether County Court should have given Molineux limiting instruction; Crimes--Witnesses--Whether County erred in allowing improper bolstering testimony and failing to give a limiting instruction regarding said testimony; Crimes--Right to Counsel--Whether defense counsel was ineffective; County Court, Onondaga County, convicted defendant of predatory sexual assault against a child and endangering the welfare of a child, and imposed sentence; App. Div. affirmed.

IVERSON (ERIC J.), PEOPLE v (63 Misc 3d 163(A)):
App. Term, 2nd Dept., 9th and 10th Judicial Districts order of 6/6/19; reversal; leave to appeal granted by Fahey, J., 10/3/19; Motor Vehicles--Traffic Infractions-- Whether hearing officer properly entered default judgments against defendant when defendant pleaded not guilty to charges alleging violations of the Vehicle and Traffic Law and requested trial but failed to appear for trial and no trial was held; District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, convicted defendant, upon his failure to appear at trial, of uninsured operation of a motor vehicle and operating a motor vehicle upon a public highway while using a mobile telephone, and imposed sentences; App. Term reversed the judgments of conviction, remitted any paid fines and surcharges, and remitted the matter to District Court for further proceedings.

PRESTON v APCH, INC. (175 AD3d 850):
4th Dept. App. Div. order of 8/22/19; reversal with dissents; Rule 500.11 review pending; Labor--Safe Place to Work--Whether worker was engaged in covered activity under Labor Law § 240(1) at the time of accident; worker, welder at industrial facility, was assisting in fabrication of rotor compartment, which fell on worker and resulted in his death; Supreme Court, Allegany County, denied defendants' motion for summary judgment dismissing the amended complaint and granted plaintiff's cross motion for partial summary judgment on the issue of liability; App. Div. reversed, denied plaintiff's cross motion for partial summary judgment, granted defendants' motion for summary judgment, and dismissed the amended complaint.

SECURITY PACIFIC NATIONAL BANK v EVANS (175 AD3d 410):
1st Dept. App. Div. order of 8/13/19; affirmance with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether the dissent at the Appellate Division is on a question of law; Contracts--Implied Covenants--Whether Supreme Court's findings of fact concerning the alleged breach of the implied covenant of good faith were against the weight of evidence; Supreme Court, New York County, vacated and cancelled an order of the same court entered 2/27/07, reinstated an order of the same court entered 6/7/02, and referee's deed of sale, and awarded CitiMortgage, Inc., as successor in interest to the named plaintiff, $357,000 less any monies defendant Tracie Evans had paid to nonparty Berkman, Henoch, Peterson & Peddy, P.C. or into court after April 2007; App. Div. affirmed.