Court of Appeals: March 20, 2023

CASES No. 10.    KATHRYN CASEY, ET AL., res, PAMELA RENNA ET AL., plf-int, v. WHITEHOUSE ESTATES, INC., ET AL., app WHITEHOUSE ESTATES, INC., ET AL., third-party app, v. ROBERTA L. KOEPPEL, ET AL., third-party def — Order insofar as appealed from reversed, with costs, plaintiffs’ motion insofar as sought summary judgment declaring that their legal regulated rent should be calculated according to the Rent Stabilization Code’s default formula denied, case remitted to Supreme Court, New York County, for further proceedings in accordance with the memorandum herein, and certified question answered in the negative. Acting Chief Judge Cannataro and Judges Rivera Garcia, Wilson, Singas and Troutman concur. No. 12.    THE PEOPLE &C., res, v. SANTINO GUERRA, app — Order affirmed, in a memorandum. Acting Chief Judge Cannataro and Judges Garcia, Singas and Troutman concur. Judge Wilson dissents in an opinion, in which Judge Rivera concurs. No. 44 SSM 1.    DAVID J. LEMIEUX, app, v. ALTON E. HORN ET AL., res — On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs. The Appellate Division correctly concluded that defendant established prima facie entitlement to summary judgment and plaintiff failed to raise a triable issue of fact whether he suffered a serious injury within the meaning of Insurance Law §5102 (d) as a result of the accident (see Pommells v. Perez, 4 NY3d 566, 573-575 [2005]; Franchini v. Palmieri, 1 NY3d 536, 537 [2003]). Acting Chief Judge Cannataro and Judges Rivera, Garcia, Wilson, Singas and Troutman concur. No. 18.    THE PEOPLE &C., res, v. ANDREW J. REGAN, app — Order reversed and indictment dismissed. Opinion by Judge Wilson. Acting Chief Judge Cannataro and Judges Rivera and Troutman concur. Judge Garcia dissents for the reasons stated in so much of the majority opinion of Justice Christine M. Clark at the Appellate Division that upheld the denial of the motion to dismiss the indictment on constitutional speedy trial grounds (see 196 AD3d 735, 737 [3d Dept 2021]). Judge Singas dissents and votes to affirm in an opinion.