Practice point: When a tenant does not timely request a temporary restraining order, a court cannot grant a Yellowstone injunction that would toll the running of the cure period.
Students should note that a court cannot reinstate a lease after the lapse of time specified to cure a default.
Case: Korova Milk Bar of White Plains, Inc. v. PRE Props., LLC, NY Slip Op 00815 (2d Dept. 2010)
The opinion is here.
Tomorrow's issue: Employment Law.
February 24, 2010
February 23, 2010
Torts.
Practice point: Awareness of a compressor's internal leak does not raise an issue of fact as to defendant's actual or constructive notice of oil on the floor.
Students should note that, absent a maintenance contract, an independent contractor has no duty to install safety devices or to inspect or warn of alleged defects.
Case: Bevilacqua v. Bloomberg, L.P., NY Slip Op 00728 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Landlord-Tenant Law.
Students should note that, absent a maintenance contract, an independent contractor has no duty to install safety devices or to inspect or warn of alleged defects.
Case: Bevilacqua v. Bloomberg, L.P., NY Slip Op 00728 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Landlord-Tenant Law.
February 22, 2010
Motion practice.
Practice point: Recission is appropriate when defendant's fraud caused a significant injury and plaintiff has no adequate remedy at law.
Students should note that an action is not time-barred when it was asserted as a counterclaim in a prior proceeding and consolidated with the instant action, pursuant to CPLR 203(d).
Case: Shomron v. Griffin, NY Slip Op 00723 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Torts.
Students should note that an action is not time-barred when it was asserted as a counterclaim in a prior proceeding and consolidated with the instant action, pursuant to CPLR 203(d).
Case: Shomron v. Griffin, NY Slip Op 00723 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Torts.
February 19, 2010
Property.
Practice point: An owner of land abutting a highway or street owns easements of light, air, and access, regardless of ownership of the highway or the street.
Practitioners should note that the landowner cannot prevent parking on the adjoining street unless it unreasonably interferes with access.
Case: Bryer v. Terleph, NY Slip Op 00642 (2d Dept. 2010)
The opinion is here.
Monday’s issue: Motion practice.
Practitioners should note that the landowner cannot prevent parking on the adjoining street unless it unreasonably interferes with access.
Case: Bryer v. Terleph, NY Slip Op 00642 (2d Dept. 2010)
The opinion is here.
Monday’s issue: Motion practice.
February 18, 2010
Evidence.
Practice point: Sanctions are available when a party destroys evidence that is essential to the opponent's claim or defense.
Practitioners should note that sanctions may result even if the destruction was not willful or contumacious.
Case: Awon v. Harran Transp. Co., Inc., NY Slip Op 00638 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Property.
Practitioners should note that sanctions may result even if the destruction was not willful or contumacious.
Case: Awon v. Harran Transp. Co., Inc., NY Slip Op 00638 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Property.
February 17, 2010
Torts.
Practice point: Where plaintiff is a worker whose claim sounds in premises liability, the landowner's duty is to provide a safe place to work.
Practitioners should note that there is no duty to guard against hazards inherent in the work or caused by a condition the worker is repairing, or hazards that the worker can readily see.
Case: Schindler v. Ahearn, NY Slip Op 00501 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Evidence.
Practitioners should note that there is no duty to guard against hazards inherent in the work or caused by a condition the worker is repairing, or hazards that the worker can readily see.
Case: Schindler v. Ahearn, NY Slip Op 00501 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Evidence.
February 16, 2010
Motion practice.
Practice point: A party seeking to vacate an order entered upon a default must demonstrate a reasonable excuse and a meritorious cause of action or defense.
Practitioners should note that the determination of what constitutes a reasonable excuse lies within the Supreme Court's discretion.
Case: Rivera v. Komor, NY Slip Op 00497 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Torts.
Practitioners should note that the determination of what constitutes a reasonable excuse lies within the Supreme Court's discretion.
Case: Rivera v. Komor, NY Slip Op 00497 (2d Dept. 2010)
The opinion is here.
Tomorrow’s issue: Torts.
February 15, 2010
Court holiday.
The courts are closed again today, and so the next post will be tomorrow.
Tomorrow's issue: Motion practice.
Tomorrow's issue: Motion practice.
February 12, 2010
Court holiday.
Today and Monday are court holidays, and so the next post will be on Tuesday, February 16.
Tuesday's issue: Motion practice.
Tuesday's issue: Motion practice.
February 11, 2010
Motion practice.
Practice point: Where a party makes a timely summary judgment motion, the court may consider an untimely motion, provided it is based on nearly identical grounds.
Practitioners should note that, in deciding the timely motion, the court may search the record and award summary judgment to a nonmoving party.
Case: Lennard v. Khan, NY Slip Op 00482 (2d Dept. 2010)
The opinion is here.
Tuesday’s issue: Motion practice.
Practitioners should note that, in deciding the timely motion, the court may search the record and award summary judgment to a nonmoving party.
Case: Lennard v. Khan, NY Slip Op 00482 (2d Dept. 2010)
The opinion is here.
Tuesday’s issue: Motion practice.
Motion practice.
Practice point: Where a party makes a timely summary judgment motion, the court may consider an untimely motion, provided it is based on nearly identical grounds.
Practitioners should note that, in deciding the timely motion, the court may search the record and award summary judgment to a nonmoving party.
Case: Lennard v. Khan, NY Slip Op 00482 (2d Dept. 2010)
The opinion is here.
Tuesday’s issue: Motion practice.
Practitioners should note that, in deciding the timely motion, the court may search the record and award summary judgment to a nonmoving party.
Case: Lennard v. Khan, NY Slip Op 00482 (2d Dept. 2010)
The opinion is here.
Tuesday’s issue: Motion practice.
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