Ethics.

Practice point: Disbarment is warranted where there is a pattern of neglect of client matters and a failure to comply with court orders.

Students should note that the Court gives significant weight to the discipline imposed by the jurisdiction where disciplinary charges were originally brought, even if a different sanction would have been imposed in New York.

Case: Matter of Jaffe, NY Slip Op 06717 (1st Dept. 2010)

Here is the decision.

Tomorrow's issue: Contracts.

Motion practice.

Practice point: A defendant looking to vacate a default judgment must demonstrate a reasonable excuse and a potentially meritorious defense.

Students should note that defendant's excuse that the insurer disclaimed coverage and that she could not afford an attorney is insufficient as a matter of law.

Case: O'Donnell v. Frangakis, NY Slip Op 06622 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Ethics.

Family Law.

Practice point: A custody agreement will not be set aside unless there is a significant change in circumstances, and the modification is in the best interests of the child.

Students should note that a noncustodial parent seeking the change must make an evidentiary showing sufficient to warrant a hearing.

Case: Jurgensen v. Jurgensen, NY Slip Op 06617 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Motion practice.

Practice point: Stipulations of settlement are contracts and will be interpreted as such.

Students should note that the stipulation will be undone only on cause sufficient to invalidate a contract, such as fraud or mistake.

Case: Singh v. North Shore Univ. Hosp., NY Slip Op 06626 (2d Dept. 2010)

Here is the decision.

Monday's issue: Family Law.

Motion practice.

Practice point: CPLR 3101(a) will be construed liberally so that there will be disclosure of any material that is even arguably relevant.

Students should note that the essential test is one based on usefulness and reason.

Case: Lentz v. Nic's Gym, Inc., NY Slip Op 06620 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Motion practice.

Contracts.

Practice point: All contracts imply a covenant of good faith and fair dealing in the course of performance.

Students should note that, pursuant to this covenant, neither party shall do anything which destroys the other party's right to the fruits of its contract.

Case: Forman v. Guardian Life Ins. Co. of Am., NY Slip Op 06606 (1st Dept. 2010)

Here is the decision.

Tomorrow's issue: Motion practice.

Insurance Law.

Practice point: Noncompliance with a notice condition relieves the insurer of its obligation under the contract.

Students should note that a 60-day delay, without an excuse, violates the notice condition as a matter of law.

Case: Hermany Farms, Inc. v. Seneca Ins. Co., Inc., NY Slip Op 06607 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Contracts.

Employment Law.

Practice point: A special employee is one who is transferred for a limited time of whatever duration to the service of another.

Students should note that, in determining whether there is a special employment, courts will consider who controls and directs the work, and whether the employee knew of and consented to the special employment relationship.

Case: George v. IBC Sales Corp., NY Slip Op 06567 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Insurance Law.

Torts.

Practice point: New York does not recognize civil conspiracy to commit a tort as an independent cause of action.

Students should note that an action sounding in conversion does not lie where the property involved is real property.

Case: Dickinson v. Igoni, NY Slip Op 06565 (2d Dept. 2010)

Here is the opinion.

Monday's issue: Employment Law.

Motion practice.

Practice point: A court may consider affidavits and other evidence to remedy defects in a complaint.

Students should note that inconsistent causes of action may be pleaded in the alternative, pursuant to CPLR 3014.

Case: Costello v. Verizon N.Y., Inc., NY Slip Op 06562 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Torts.

Ethics.

Practice point: Sanctions for the filing of frivolous actions generally range from censure to a one-year suspension.

Students should note that a lawyer cannot knowingly advance a claim or defense that is unwarranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of the law.

Case: Matter of Chiofalo, NY Slip Op 06555 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.