Court of Appeals Watch

The following cases have been granted leave to appeal to the Court of Appeals by the First Department:

Wilinski v. 334 E. 92nd Hous. Dev. Fund Corp. is a Labor Law case that we posted in March.  In this case, the First Department held that the collapse of pipes standing on the floor, like the collapse of a wall, does not give rise to a Labor Law Sec. 240(1) claim.  The Court reasoned that because the pipes and plaintiff "'were at the same level at the time of the collapse the incident was not sufficiently attributable to elevation differentials to warrant imposition of liability pursuant to Labor Law § 240.'"  

CPS Operating Co, LLC. v. Pathmark Stores Inc. is a real estate action involving issues related to a consent requirement and a land use restriction contained in a land disposition agreement entered into by a prior purchaser of the land, as part of an urban renewal plan.  The majority held that the plaintiff could not use the consent agreement as a pretext to avoid its obligations under the agreement because the consent agreement could be considered a permitted exception.  Judge Saxe dissented arguing that the concept of permitted exceptions does not include the requirement that Housing Preservation and Development pre-approve any transfer of the subject property.