Hon. Mark C. Dillon
Appellate Division of the NYS Supreme Court
Second Judicial Department
140 Grand Street, Suite 503
White Plains, New York 10601
Publications"The Extent to Which 'Yellowstone Injunctions' Apply in Favor of Residential Tenants: Who Will See Red, Who Can Earn Green, and Who May Feel Blue?" 9 Cardozo Pub. Law, Policy & Ethics J. 287 (Spring 2011)
An Overview of Tolls of Statutes of Limitations on Account of War: Are They Current and Relevant in the Post-September 11th Era?" 13 N.Y.U. J. Legis. & Pub. Pol'y 315 (Spring 2010)
The Newly-Enacted CPLR 3408 for Easing the Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect," 30 Pace L. Rev. 855 (Spring 2010)
The Extrapolation of Defendants' Liabilities Under CPLR Article 16 Where the Plaintiff is Contributorily Negligent: An Update Toward Resolving a Perceived Ambiguity of CPLR 1601," 73 Albany L. Rev. 79 (December 2009)
The Legalities of Leap Day,New York Law Journal, February 29, 2008, p. 4, col. 3.
No More Specific Ad Damnums,New York Law Journal, October 22, 2007, p. 4, col. 3.
The CPLR's Most Dangerous Discovery Statute, New York Law Journal, March 28, 2003, p. 4, col. 4.
Requiring Witnesses to Answer at Deposition, New York Law Journal, October 22, 2001, p. 1, col. 1.
Obtaining Out-Of-State Witnesses and Documents for Discovery and Trial, 28 Westchester Bar Journal, Spring 2001 ed.
Judge's Corner, Verdict Values, 24 Westchester Bar Association Newsletter, p. 2 (October 2000).
Serious Injury Test Does Not Travel Well, New York Law Journal, October 16, 2000, p. 1, col. 1.
Five Tips for the Civil Practitioner in Handling Choice of Law Issues, 22 Westchester Bar Journal, Winter 1995 ed., p. 15.
CPL 180.80 Should Be Amended to Accomodate Town, Village Courts, New York Law Journal, September 30, 1988, p. 1.
The Forgotten Checks and Balances, 14 Westchester Bar Journal, Spring 1987, p. 225.
The Case for Reversing the 'Rogers Rule', 58 New York State Bar Journal, July 1986, p. 36.
Notable Judicial Opinions
Hendrickson v. Philbor Motors, Inc., __ AD3d __ (Dec, 12, 2012) (holding that the grant of a party's motion to dismiss under CPLR 3211 is not "on the merits" as to preclude that party's inclusion in the calculus of the limitations opf liability provisions of CPLR Article 16)
Felder v. Storobin, 100 AD3d 11 (holding that a candidate's good faith error in obtaining contested ballot signatures is insufficient, in and of itself, to warrant removal of the candidate's name from the ballot, absent fraud)
McCoy v. Abagail Kirsch at Tappan Hill, Inc., 99 AD3d 13 (considering whether and under what circumstances a wedding chupah may qualify as a "structure" under the New York State Labor Law)
Matter of Dandomar v. Town of Pleasant Valley Town Board, 91 AD3d 872 (analysing the differences between declaratory judgment actions and Article 78 proceedings, and reconciling the different statute of limitations provisions of Highway Law 205(2) and CPLR 217(1)
Trotta v. Ollivier, 91 AD3d 8 (holding that RPAPL 1201 does not permit estate beneficiaries from rescinding the decedent's financial decisions with a tenant in common)
Stephan B. Gleich v. Gritsipis, 87 AD3d 216 (interpreting the provisions and limitations of CPLR 3215(a), which permit the entry of judgments by clerks for sums certain)
Giglio v. NTIMP, Inc., 86 AD3d 301 (analysing the time limits for default motions on claims and counterclaims)
Damas v. Valdes, 84 AD3d 87 (whether pre-term extended bedrest, as a means of treating pre-term labor, qualifies as a "serious injury" under the 90/180 prong of the insurance threshold)
People v. Monk, 83 Ad3d 35 (holding that the violation of the conditions of post-release supervision is a collateral consequence of a plea, rather than a direct consequence, so that no specific allocution on those consequences is needed at the time a plea is entered)
Mack v. Brown, 82 AD3d 133 (analysing the limitations of funeral home obligations under Public Health Law 4201)
Silkas v. Cyclone Realty, Inc., __ AD3d __ (2d Dept., Sept. 21, 2010) (whether mislaid painter’s tool in office building, after painters left for the day, constitutes a “premises condition” or “means and methods of work” for purposes of liability under Labor Law 200).
Tirado v. Miller, 75 AD3d 153 (2d Dept. 2010) (examination of circumstances where trial courts may grant relief based upon reasoning not set forth in the motion to be decided)
East Hampton Union Free School District v Sandpebble Boulders, Inc., 66 AD3d 122 (2d Dept. 2009) (in dissent) (examination of the pleading requirements for piercing the corporate veil)
Gomez v. Katz, 68 AD3d 108 (2d Dept. 2009) (whether a patient’s consultation with a new physician severs treatment with an earlier physician relative to the continuous treatment toll of the medical malpractice statute of limitations under CPLR 214-a)
Kingsbrook Jewish Medical Center v. Allstate Insurance Co., 61 AD3d 13 (2d Dept. 2009) (whether judicial notice may be taken of the diagnostic code of the federal Dept. of Health and Human Services, and if so, whether the codes establish casualty for the payment of No Fault benefits).
City of New York v. College Point Sports Ass’n. Inc., 61 AD3d 33 (2d Dept. 2009) res judicata by criminal plea upon civil action, criminal restitution as an offset against civil damages, and the difference between common law indemnity and restitution)
Brown v New York State Racing and Wagering Board, Inc., 60 AD3d 107 (2d Dept. 2009) (whether the New York State Education Law requires equine dentists to possess veterinary licenses)
Chowdhury v. Rodriguez, 57 AD3d 121 (setting forth the legal standard to be applied to defendant landowners under Labor Law 200 for worksite injuries incurred when the landowner loans dangerous or defective equipment to the worker)
Ortega v. Puccia, 57 AD3d 54 (clarifying the legal standard to be applied to defendant landowners under Labor Law 200 for worksite injuries where the worker's employer provides dangerous or defective equipment)
Petrone v. Fernandez, 53 AD3d 221 (whether defendant dog owner can be held liable to injured plaintiff as a result of owner's leash law violation coupled with additional canine behavior)
Morales v. Coram Materials Corp., 51 AD3d 86 (2nd Dept. 2007)(requirements of the recreational use statute under the General Obligations Law)
Firmes v. Chase Manhattan Automotive Finance Corp., 50 AD3d 18 (2nd Dept. 2008)(quantum of proof required of defendants upon motion to become entitled to collateral source hearings under CPLR 4545)
Kihl v. The County of Nassau, 47 AD3d 154 (2nd Dept. Nov. 20, 2007)(analysis of quantum of proof required for collateral source reductions at hearings conducted under CPLR 4545[c])
Gorman v. Town of Huntington, 47 AD3d 30 (2nd Dept. Oct. 30, 2007)(municipality estopped from claiming absence of prior written notice of defective condition)
Van Nostrand v. Froehlich, 44 AD3d 54 (2nd Dept. 2007)(computation of interest under CPLR 5002 in bifurcated threshold injury actions)
In the Matter of 49 WB, LLC v. Village of Haverstraw, 44 AD3d 226 (2nd Dept. 2007)(rejection of pretextual municipal condemnation of private property)
Cunha v. Shapiro, 42 AD3d 95 (2nd Dept. 2007)(high-low agreement, when triggered, constitutes settlement of action subject to requirements of CPLR 5003-a)
Rubenstein v. Ganea, 41 AD3d 54 (2nd Dept. 2007)(whether attorney may recover legal fees despite non-compliance with Rule 1500.3 of the Rules of the Chief Administrator)
In the Matter of Melinda D., 31 AD3d 24 (2nd Dept. 2006)(discussion of mootness doctrine in connection with non-compliance by NYC Administration for Children's Service's with the Interstate Compact on the Placement of Children)
State Farm Insurance Mutual Automobile Insurance Company v. City of White Plains, 8 Misc.3d 916 (Sup. Ct. West. Co. 2005)(amendment to CPLR 3017 ad damnum pleading requirement)
McDonnell v. Tello, 8 Misc.3d 1003[A](Sup. Ct. West. Co. 2005)(denial of post-trial additur)
County of Westchester v. Silva, 7 Misc.3d 962 (Sup. Ct. West. Co. 2005)(alternative notice provisions of CPLR 3215[g])
Pudalov v. Pudalov, 6 Misc.3d 558 (Sup. Ct. West. Co. 2004)(authority of court to restrain assets of party pending arbitration of attorney-client fee dispute)
Secreto v. International Business Machines Corporation, 194 Misc.2d 512 (Sup. Ct. Dutchess Co. 2003)(Fed Ex delivery of 90-day notice meets requirements of CPLR 3216)
Deitch v. May, 185 Misc.2d 484 (Sup. Ct. Rockland Co. 2000)(scope of expert witness disclosure in medical malpractice actions under CPLR 3101[d])
Blain Manufacturing Development Inc. v. F&S Smoked Cheese Corp., 184 Misc.2d 722 (Sup. Ct. Rockland Co. 2000)(availability of CPLR 3216 for dismissal of counterclaims)
Matter of Platzman v. Munno, 184 Misc.2d 201 (Sup. Ct. Rockland Co. 2000)(municipal statute of limitations defense)
Atlantic Satellite Communications, Inc. v. Duffy, 183 Misc.2d 734 (Sup. Ct. Rockland Co. 2000)("primary jurisdiction doctrine" applicable to FCC regulation of satellite dish antennas)
People v. Holland, 173 Misc.2d 286 (Co. Ct., West. Co. 1997)(late notice of intent to produce psychiatric evidence under CPL 250.10)
ADDITIONAL PUBLISHED DECISIONS AND ORDERS
Trent v. Architectural Review Board of the Village of Sleepy Hollow, NYLJ July 7, 2005, p. 23, col. 3 (Sup. Ct. West. Co. 2005)("Slapp" law suit)
Hollwedel v. Scaboody's Inc., NYLJ June 24, 2005, p. 20, col. 3 (Sup. Ct. West. Co. 2005)(Dram Shop Act)
Matter of Rutkunas v. Stout, NYLJ June 13, 2005, p. 21, col. 1 (Sup. Ct. West. 2005)(employment termination)
Jaliman v. Selendy, NYLJ March 7, 2005, p. 23, col. 1 (Sup. Ct. West. Co. 2005)(summary judgment dismissing claim of defamation)
Anonymous v. Anonymous, NYLJ Oct. 1, 2004, p. 20, col. 1 (Sup. Ct. West. Co. 2004)(income execution)
Osborn v. Wemer, NYLJ Oct. 14, 2003, p. 20, col. 3 (Sup. Ct. West. Co. 2003)(sanctions)
Rosato v. New York State Department of Motor Vehicles, NYLJ Sept. 30, 2003, p. 19, col. 3 (Sup. Ct. West. Co. 2003)(issuance of driver's license)
Esali v. Nair, NYLJ Sept. 19, 2003, p. 25, col. 6 (Sup. Ct. West. Co. 2003)(automobile death liability)
Murphy v. Nutmeg Insurance Co., NYLJ April 29, 2003, p. 23, col. 2 (Sup. Ct. Dutchess Co. 2003)(defense and indemnification)
Valentino v. Town of Stanford, NYLJ March 27, 2003, p. 24, col. 3 (Sup. Ct. Dutchess Co. 2003)(municipal compensation)
Hoffman v. Waldon Books, Inc., NYLJ Oct. 18, 2002, p. 24, col. 4 (Sup. Ct. Dutchess Co. 2002)(spoliation of evidence)
William B. Briggs Construction Co., Inc. v. Town of Rhinebeck, NYLJ Sept. 25, 2002, p. 23, col. 3 (Sup. Ct. Dutchess Co. 2002)(attorney-client confidentiality)
Ray v. Hudson Valley Stadium Corp., NYLJ June 14, 2002, p. 27, col. 1 (Sup. Ct. Dutchess Co. 2002)(assumption of risk at baseball stadium)
Huffner v. Central Enterprises, Inc., NYLJ April 23, 2002, p. 22, col. 3 (Sup. Ct. Dutchess Co. 2002)(Labor Law 200, 240, 241 not extra-territorial)
Flaherty v. Bard College, NYLJ March 18, 2002, p. 28, col. 4 (Sup. Ct. Dutchess Co. 2002)(college expulsion)
Berkman v. DiLeo, NYLJ May 31, 2001, p. 23, col. 4 (Sup. Ct. West. Co. 2001)(breach of stipulation of settlement)
Ronco v. Great Atlantic & Pacific Tea Co., Inc., NYLJ March 31, 2002, p. 25, col. 3 (contractual indemnification and duty to defend)
Arcaro v. Routis, NYLJ Dec. 4, 2000, p. 36, col. 6 (Sup. Ct. Rockland Co. 2000)(dismissal of action under CPLR 3404)
Bleyer v. Recreational Management Service Corp., NYLJ Nov. 18, 2000, p. 36, col. 6 (Sup. Ct. Rockland Co. 2000)(assumption of risk at ice rink)
Stalter v. Good Samaratan Hospital, NYLJ Aug. 3, 2000, p. 26, col. 6 (Sup. Ct. Rockland Co. 2000)(medical malpractice defenses)
Finn v. KDJ Realty, Inc., NYLJ June 26, 2000, p. 36, col. 5 (Sup. Ct. Rockland Co. 2000)(real estate construction)
North Fork Bank v. Simmons, NYLJ May 17, 2000, p. 35, col. 5 (Sup. Ct. Rockland Co. 2000)(bank foreclosure)
Griffin v. Town of Haverstraw, NYLJ May 16, 2000, p. 31, col. 3 (Sup. Ct. Rockland Co. 2000)(sufficiency of notice of claim)
Lawrence Park Condominium v. Karabakh, NYLJ March 15, 2000, p. 30, col. 6 (Sup. Ct. 2000)(permanent injunction and the "business judgment rule")
Meal Corp. v. Spring Valley Improvements, LLC, NYLJ Feb. 26, 2000, p. 33, col. 2 (Sup. Ct. Rockland Co. 2000)(procedural consolidation under CPLR 602)
ARAA Otrada, Inc. v. Board of Trustees for the Village of Chestnut Ridge, New York, NYLJ Jan. 31, 2000, p. 35, col. 1 (Sup. Ct. Rockland Co. 2000)(exhaustion of administrative remedies)
People v. Scuderi, NYLJ July 1, 1996, p. 34 (Justice Ct., Town of Yorktown)("Molineaux" exceptions)