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For November 4, 2011 through November 10, 2011, the following preliminary appeal statements were filed:

JADE REALTY LLC v CITIGROUP COMMERCIAL MORTGAGE TRUST 2005-EMG (83 AD3d 567):
Supreme Court, New York County judgment of 6/20/11, seeking review of 1st Dept. App. Div. order of 4/26/11; reversal; leave to appeal granted by Court of Appeals, 10/25/11; CONTRACTS - CONSTRUCTION - OBLIGATION TO PAY YIELD MAINTENANCE UNDER COMMERCIAL LOAN - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON ITS CAUSE OF ACTION FOR BREACH OF CONTRACT; Supreme Court, New York County granted the motion by defendants Citigroup Commercial Mortgage Trust 2005-EMG, et al. for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment on its first cause of action for breach of contract; App. Div. reversed, denied the motion by defendants Citigroup Commercial Mortgage Trust 2005-EMG and LaSalle Bank National Association for summary judgment dismissing the complaint, reinstated the complaint, and granted plaintiff's cross motion for summary judgment on its first cause of action for breach of contract; Supreme Court awarded damages to plaintiff on its first cause of action for breach of contract, dismissed plaintiff's second cause of action and dismissed the counterclaim by defendant LaSalle Bank National Association.

MELCHER v APOLLO MEDICAL FUND MANAGEMENT LLC (84 AD3d 547):
1st Dept. App. Div. order of 5/17/11; affirmance; leave to appeal granted by Court of Appeals, 10/25/11; Rule 500.11 review pending; CONTRACTS - WHETHER CAUSE OF ACTION FOR CONVERSION WAS PROPERLY DISMISSED AS DUPLICATIVE OF BREACH OF CONTRACT CAUSE OF ACTION; CHALLENGE TO APPELLATE DIVISION'S SUA SPONTE DISMISSAL OF PLAINTIFF'S APPEAL; Supreme Court, New York County awarded plaintiff damages on the third cause of action, granted him judgment on his sixth cause of action, and dismissed defendants' counterclaim for breach of contract; App. Div. affirmed, and dismissed appeals from three other Supreme Court orders as subsumed in the appeal from the judgment.

For November 11, 2011 through November 17, 2011, the following preliminary appeal statements were filed:

GRESS v BROWN (82 AD3d 1654):
4th Dept. App. Div. order of 3/25/11; affirmance; leave to appeal granted by Court of Appeals, 10/25/11; LIMITATION OF ACTIONS - WHAT STATUTE GOVERNS - GRAVAMEN OF COMPLAINT - WHETHER ACTION SEEKING A JUDGMENT DECLARING THAT AGENCY LACKED AUTHORITY TO FREEZE PLAINTIFFS' WAGES SHOULD HAVE BEEN BROUGHT AS A CPLR ARTICLE 78 PROCEEDING, SUBJECT TO A FOUR-MONTH STATUTE OF LIMITATIONS; Supreme Court, Erie County, among other things, granted the motion of plaintiffs for partial summary judgment and declared that defendant Buffalo Fiscal Stability Authority does not have the authority to freeze the wages of plaintiffs, denied and dismissed defendants' affirmative defenses, and denied the cross motions of defendants for summary judgment; App. Div. affirmed.

MANKO v AETNA HEALTH, INC. (2011 NY Slip Op 79142[U]):
2nd App. Div. order of 7/25/11; partial grant and partial denial of motions; 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; APPEAL - CHALLENGE TO APPELLATE DIVISION ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF - APPELLANT'S MOTIONS ON APPEALS FROM TWO SUPREME COURT ORDERS; App. Div., among other things, granted that branch of plaintiff- appellant's motion which was for leave to serve and file a supplemental appendix, denied as unnecessary that branch of plaintiff-appellant's motion which was, in effect, to adjourn the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of plaintiff-appellant's appendix, denied plaintiff-appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix with leave to renew after the service and filing of a supplemental appendix, and granted defendants- respondents' motion for an enlargement of time to file their respective briefs until a certain date.

OAKES v PATEL (87 AD3d 816):
4th App. Div. order of 8/19/11; affirmance; leave to appeal granted by App. Div., 9/30/11; Rule 500.11 review pending; APPEAL - PRESERVATION OF ISSUE FOR REVIEW - DAMAGES - WHETHER DEFENDANTS PROPERLY PRESERVED CHALLENGE TO PROPOSED ADDITUR TO DAMAGES; PLEADINGS - DENIAL OF LEAVE TO AMEND ANSWER TO ASSERT AFFIRMATIVE DEFENSES - RELEASE - COVENANT NOT TO SUE - WHETHER RELEASE WAS RENDERED NULL AND VOID; EVIDENCE - PRECLUSION OF EVIDENCE OF INJURED PLAINTIFF'S PREEXISTING INJURIES AT DAMAGES TRIAL; Supreme Court, Erie County awarded plaintiffs money damages upon a jury verdict in a medical malpractice action (verdict as to liability and certain damages after first trial; verdict as to damages for past and future pain and suffering, past and future loss of services and future supportive living expenses after second trial); App. Div. affirmed.

For November 18, 2011 through November 24, 2011, the following preliminary appeal statements were filed:

GERSTEN v 56 7TH AVENUE, LLC (88 AD3d 189):
1st Dept. App. Div. order of 8/18/11; modification; leave to appeal granted by App. Div., 11/10/11; ADMINISTRATIVE LAW - DOCTRINE OF ADMINISTRATIVE FINALITY - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT 1999 LUXURY DEREGULATION ORDER BY DIVISION OF HOUSING AND COMMUNITY RENEWAL (DHCR) IS ENTITLED TO COLLATERAL ESTOPPEL EFFECT PRECLUDING PLAINTIFFS FROM NOW CHALLENGING THE RENT REGULATED STATUS OF THEIR APARTMENT; EFFECT OF NEW RENTAL AGREEMENT ENTERED DURING J-51 BENEFIT PERIOD; WHETHER 1999 LUXURY DEREGULATION ORDER IS VOID BY OPERATION OF LAW; DHCR'S INHERENT POWER TO REVOKE 1999 LUXURY DEREGULATION ORDER; Supreme Court, New York County granted defendant's motion to dismiss complaint requesting a judgment declaring that a 1999 luxury decontrol order by the Division of Housing and Community Renewal (DHCR) was invalid and awarding plaintiffs reimbursement for alleged rent overcharges; App. Div. modified to declare that the 1999 luxury decontrol order is final.

MANKO v LENOX HILL HOSPITAL (2011 NY Slip Op 81074[U]):
2nd Dept. App. Div. order of 8/16/11; dismissal of appeal; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution, whether a substantial constitutional question is directly involved to support an appeal as of right and whether the appellant is a party aggrieved within the meaning of CPLR 5511; APPEAL - APPELLATE DIVISION - DISMISSAL OF APPEAL BASED ON LACK OF AGGRIEVEMENT; Supreme Court, Kings County, among other things, denied, without prejudice to renewal, defendant hospital's motion for summary judgment dismissing the action; App. Div. dismissed the appeal by Nella Manko on the ground that she was not aggrieved by the 12/13/10 Supreme Court, Kings County order, denied as academic her motion to enlarge the time to perfect the appeal and granted the application by Lenox Hill Hospital to enlarge the time to perfect its appeal.