ADMINISTRATIVE LAW, CIVIL PROCEDURE, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, TAX LAW
In the Matter of Town of Rye v. NY State Bd. of Real Property Servs., No. 23Dismissal of an action brought by a town and taxpayers challenging defendant-Board’s decision not to establish a segment-special equalization rate for the city is affirmed primarily where: 1) section 1218 of Real Property Tax Law expressly limits those entitled to seek judicial review to directly affected municipalities whose own “rate or rates” were established by the Board; and 2) neither town nor individual taxpayers fell within that class of parties.
BANKING LAW, CIVIL PROCEDURE, DEBT COLLECTION, INTERNATIONAL LAW, JUDGMENT ENFORCEMENT
Byblos Bank Europe, S.A. v. Sekerbank Turk Anonym Syrketi, No. 39In a judgment enforcement proceeding, judgment below is affirmed where the Supreme Court properly exercised its discretion under CPLR 5304(b)(5) in denying the recognition of a Belgian judgment which: 1) disregarded and conflicted with a previously rendered Turkish judgment; and 2) in doing so, departed from the generally-accepted principles of res judicata and comity.
CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. White, No. 38In circumstances which do not constitute a single continuous chain of events, Mirandized statement are admissible at trial notwithstanding a prior un-warned custodial interrogation.
EDUCATION LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS’ COMPENSATION
Swiderska v. New York Univ., No. 107In a Labor Law section 240(1) action arising from an injury sustained while performing part of a commercial cleaning contract, summary judgment in favor of defendant on theory that activity in which plaintiff was engaged constituted routine maintenance not covered by section 240(1) is reversed on the issue of liability as the underlying activity was comparable to one held to be encompassed within section 240(1) inBroggy v. Rockefeller Group, Inc., 8 N.Y. 3d 675 (2007).
GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, REMEDIES
McCurdy v. New York, No. 34Proper measure of damages to award in a case where condemnor takes a temporary easement that encumbers a vacant parcel’s entire highway frontage should be in line with the formula set out in Village of Highland Falls v. State of New York, 44 N.Y.2d 505 (1978).
INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS’ COMPENSATION
Fleming v. Graham, No. 41An employee who sustained multiple facial injuries resulting in scars on his forehead and right upper eyelid during a work-related car accident did not sustain a “permanent and severe facial disfigurement” for purposes of qualifying as a “grave injury” under Workers’ Compensation Law section 11 as: 1) “permanency” is negated by defendant’s expert reports indicating revisions were possible; and 2) resulting injuries did not rise to the level of “severe” disfigurement.