The Appellate Division’s four departments begin the new year with the daunting task of keeping up with their heavy caseloads despite three to six vacant positions in each, including the presiding justice positions in the First and Fourth Departments. Below we highlight some of their opinions from the busy last quarter of 2015, which clarify the rights, remedies and privileges of private litigants and governmental entities.
First Department
Equitable Relief. In an investor-friendly ruling, Nomura Home Equity Loan, Inc., Series 2006-FM2 v. Nomura Credit & Capital,1 the First Department held that a limitation on remedies clause does not foreclose money damages where specific performance is impossible.
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