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For January 24, 2025 through January 30, 2025, the following preliminary
appeal statements were filed:
COALITION FOR FAIRNESS v CITY OF NY (— AD3d —, 2024 NY
Slip Op 06118):
APL-2025-00028
1st Dept. App. Div. order of 12/5/24; reversal; Constitutional Law--Taking of
Property--Whether the Arts Fund fee is not an unconstitutional condition because it
imposes a general monetary obligation that is not a taking; whether the Arts Fund
fee is not an unconstitutional condition because it is sufficiently related to the
removal of artist live-work restrictions to satisfy the constitutional test; Supreme
Court, New York County, denied the petition for a judgment declaring that the December
15, 2021 amendment to the N.Y. City Zoning Resolution (ZR) inflicts an unconstitutional
taking of property without just compensation to the extent it requires payment of a
nonrefundable contribution to the SoHo�NoHo Arts Fund (Arts Fund) as a precondition
to homeowners filing for a permit to convert joint living-work quarters for artists
(JLWQA) to unlimited residential use, and to enjoin the enforcement thereof, and
dismissing this hybrid proceeding brought pursuant to CPLR articles 30, 63, and 78; App.
Div. reversed, vacated the judgment, granted the petition, and declared that the portion of
ZR � 143-13 requiring payments to the Arts Fund is unconstitutional, and enjoined
respondents from enforcing that portion of the ZR.
CORTLANDT STREET v BONDERMAN (226 AD3d 103):
APL-2025-00015
1st Dept. App. Div. order of 3/7/24; modification; leave to appeal granted by the Court of
Appeals, 1/14/25; Corporations--Disregarding Corporate Entity--Whether plaintiff
raised a triable issue of fact as to whether the TPG defendants dominated judgment
debtors or was their alter ego such that judgment debtors' corporate veil should be
pierced to impose liability on the TPG defendants for their debts; Supreme Court,
New York County, (1) denied the motion of defendants TPG Capital, L.P., TPG
Capital-New York, Inc., TPG Genpar IV, L.P., TPG Partners IV, L.P., TPG Advisors IV,
Inc., T3 Genpar II, L.P., T3 Partners II, L.P., T3 Parallel II, L.P., and TPG Advisors II,
Inc. for summary judgment dismissing the alter ego based claims for enforcement of
judgment as against them, and (2) granted the motion of defendants Giancarlo Aliberti,
Matthias Calice, and Apax Partners, L.P. seeking the same relief; App. Div. modified by
granting the motion as to the TPG defendants, and otherwise affirmed.
RUSSELL v TOWN OF MT. PLEASANT (227 AD3d 1083):
APL-2025-00017
2nd Dept. App. Div. order of 5/29/24; affirmance; leave to appeal granted by the Court of
Appeals, 1/14/25; Records--Freedom of Information Law--Whether the Town was
properly directed to disclose private email addresses of town residents; Supreme
Court, Westchester County, in a proceeding under CPLR article 78, among other things,
to compel the production of certain documents pursuant to the Freedom of Information
Law, granted that branch of the petition which was to direct the disclosure of subject
documents; App. Div. affirmed insofar as appealed from.