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For September 29, 2017 through October 5, 2017, the following preliminary appeal
statements were filed:
CAPITAL ONE TAXI MEDALLION FINANCE v CORRIGAN (147 AD3d 677):
1st Dept. App. Div. order of 2/28/17; reversal; leave to appeal granted by Court of
Appeals, 9/14/17; Suretyship and Guarantee--Action to recover on two guaranties--line of
credit secured by loans to Chicago taxi owners and drivers for the purchase of taxi
medallions--whether defendants' claim for negligent impairment of collateral, which
remains pending in parallel litigation, barred summary judgment in plaintiff's favor;
lender's alleged refusal to release liens to permit sale of taxi medallions while they had
higher value, and alleged withdrawal from medallion lending market to pursue competing
venture with a ride-sharing service; Supreme Court, New York County, denied plaintiff's
motion for summary judgment in lieu of complaint; App. Div. reversed and granted
plaintiff's motion for summary judgment in lieu of complaint; judgment thereafter entered
in Supreme Court, New York County awarding plaintiff the aggregate sum of
$63,910,127.37 against defendants.
SILVAGNOLI (ROQUE), PEOPLE v (151 AD3d 443):
1st Dept. App. Div. order of 6/6/17; reversal; leave to appeal granted by
Mazzarelli, J., 8/29/17; Crimes--Right to Counsel--Representation on Unrelated Matter--
Whether defendant's right to counsel was violated when detective, while questioning
defendant on a homicide investigation, mentioned pending drug charge on which
defendant was represented by counsel; whether questioning on drug charge was discrete
and fairly separable from questioning on homicide charge; Supreme Court, New York
County, convicted defendant of manslaughter in the first degree and imposed sentence;
App. Div. reversed, granted the motion to suppress defendant's statements, vacated the
plea, and remanded the matter for further proceedings.
STEFANIAK v ZULKHARNAIN (119 AD3d 1418):
4th Dept. App. Div. order of 7/11/14; modification; sua sponte examination
whether a party may appeal as of right to the Court of Appeals and cross appeal to the
App. Div. simultaneously from the same Supreme Court judgment and whether the two-
Justice dissent at the App. Div., in the earlier order brought up for review, is on a question
of law; Attorney and Client--Compensation--Attorneys' fees for attorney for the children
in a matrimonial action--whether there was good cause to appoint attorney Reedy as
attorney for the children nunc pro tunc pursuant to 22 NYCRR part 36 and to direct
payment of attorneys' fees by defendant; Husband and Wife and Other Domestic Relationships--Divorce--Custody of
Children--Counsel Fees; Supreme Court, Erie County, among other things, denied attorney
Reedy's motion for an award of attorney's fees from defendant; App. Div. modified by
granting attorney Reedy's motion in part, appointing him attorney for the children
pursuant to 22 NYCRR part 36 nunc pro tunc, directing defendant to pay the attorney's
fees, and remitting the matter to Supreme Court to determine the amount of the fees;
judgment thereafter entered in Supreme Court, Erie County, awarding Reedy's estate
$70,890 against defendant Zulkharnain and denying Reedy's estate's request for
prejudgment interest pursuant to CPLR 5001(a).