Labor Law.

Practice point: The purpose of § 240(1) is to protect workers not from routine risks but from the specific risks resulting from elevation differentials at the worksite.

Students should note that the statute covers necessary and incidental activities, even if the injury is sustained away from the site of the construction work.

Case: D'Alto v. 22-24 129th St., LLC, NY Slip Op 06291 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Trial practice.

Family Law.

Practice point: In order to modify a custody or visitation arrangement, there must be a showing of a change in circumstances requiring the modification to protect the best interests of the child.

Students should note that the standard for determining the child's best interests is the totality of the circumstances.

Case: Peralta v. Irrizary, NY Slip Op 06374 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Labor Law.

Torts.

Practice point: A cause of action sounding in abuse of process requires an unlawful interference with one's person or property.

Students should note that merely commencing a civil action, even with a malicious motive, is insufficient to make out the cause of action.

Case: Tenore v. Kantrowitz, Goldhamer & Graifman, P.C., NY Slip Op 06370 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Family Law.

Torts.

Practice point: A cause of action sounding in abuse of process requires an unlawful interference with one's person or property.

Students should note that merely commencing a civil action, even with a malicious motive, is insufficient to make out the cause of action.

Case: Tenore v. Kantrowitz, Goldhamer & Graifman, P.C., NY Slip Op 06370 (2d Dept. 2010)



Tomorrow's issue: Family Law.

Motion practice.

Practice point: If a defendant fails to pay the settlement amount within 21 days of tender of the required documents, plaintiff, without further notice, may enter a judgment for the amount, as well as interest, costs and disbursements, pursuant to CPLR 5003-1(e).

Students should note that where the release and stipulation of discontinuance are tendered by mail, the 21-day period is measured from their receipt.

Case: Klee v. America's Best Bottling Co., Inc., NY Slip Op 06361 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Torts.

Torts.

Practice point: Where an object capable of deteriorating is concealed from view, a property owner's duty of reasonable care requires periodic inspection of the area.

Students should note that a cause of action may sound in res ipsa loquitur if the area in question is one to which the public did not have unfettered access.

Case: Hoffman v. United Methodist Church, NY Slip Op 06360 (2d Dept. 2010)

Here is the opinion.

Monday's issue: Motion practice.

Motion practice.

Practice point: A court which renders a judgment or order may relieve a party from it on such terms as may be just, pursuant to CPLR 5015(a).

Students should note that such terms may include the imposition of a bond or undertaking.

Case: Doris v. Lewis, NY Slip Op 06357 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Torts.

Motion practice.

Practice point: A court which renders a judgment or order may relieve a party from it on such terms as may be just, pursuant to CPLR 5015(a).

Students should note that such terms may include the imposition of a bond or undertaking.

Case: Doris v. Lewis, NY Slip Op 06357 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Torts.

Motion practice.

Practice point: Determination of a summary judgment motion may be delayed to allow for further discovery where evidence necessary to oppose the motion is unavailable, pursuant to CPLR 3212(f).

Students should note that the delay requires a showing that discovery may lead to relevant evidence.

Case: Anne Koplick Designs, Inc. v. Lite, NY Slip OP 06356 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Motion practice.

Practice point: Generally, estoppel is unavailable as against a governmental agency.

Students should note that the exception is when the agency's actions would defeat a legal or properly obtained right.

Case: Brad H. v. City of New York, NY Slip Op 06355 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Torts.

Practice point: A driver is bound to see what is there to be seen with the proper use of his senses.

Students should note that there can be more than one proximate cause of an accident.

Case: Topalis v. Zowalski, NY Slip Op 06305 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.