Motion practice.

Practice point: An unlicensed contractor cannot recover damages based either on breach of contract or quantum meruit.

Students should note that a home improvement contractor must plead possession of a valid license in order to commence an action to foreclose a mechanic's lien.

Case: Quick Start Constr. Corp. v. Staiger, NY Slip Op 07731 (2d Dept. 2010)

Here is the decision.

Friday's issue: Contracts.

Torts.

Practice point: To establish a building owner’s liability for an elevator-related injury, a plaintiff must establish that there was a defect of which the owner had actual or constructive notice.

Students should note that, if the owner hires an elevator maintenance company, the owner can be liable if it has notice of a defect and does not notify the elevator company.

Case: Cilinger v. Arditi Realty Corp., NY Slip Op 07715 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Motion practice.

Motion practice.

Practice point: On an appeal from a judgment entered after a nonjury trial, the Appellate Division may render the judgment it finds is warranted by the facts.

Students should note that, in a close case, the Court will take into account the fact that the trial judge had the advantage of seeing the witnesses.

Case: Bryant v. State of New York, NY Slip Op 07710 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Torts.

Torts.

Practice point: For there to be strict liability for harm caused by a domestic animal, the owner must have known, or should have known, of the animal's vicious propensities.

Students should note that the violation of a local leash law is only evidence of negligence.

Case: Wright v. Fiore, NY Slip Op 07531 (2d Dept. 2010)

Here is the decision.

Monday's issue: Motion practice.

Torts.

Practice point: To establish the existence of a fiduciary relationship between a cleric and a congregant, there must be a showing of de facto control and dominance in the counseling relationship.

Students should note that the test is whether the congregant was inherently vulnerable and incapable of self-protection.

Case: Spielman v. Carrino, NY Slip Op 07527 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Torts.

Employment Law.

Practice point: Pursuant to Workers' Compensation Law §§ 11 and 29(6), an employee who is entitled to receive compensation benefits may not sue the employer.

Students should note that, similarly, the employee cannot sue a special employer.

Case: Dulak v. Heier, NY Slip Op 07509 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Torts.

Court holiday.

The courts are closed, and so there is no post today.

Tomorrow's issue: Employment Law.

Municipalities Law.

Practice point: A municipality, on notice of a dangerous traffic condition, may be liable if it does not consider reasonable measures to alleviate the condition, or, if it unjustifiably delays taking action.

Students should note that the municipality has a continuing duty to review its traffic plans.

Case: Turturro v. City of New York, NY Slip Op 07329 (2d Dept. 2010)

Here is the decision.

Wednesday's issue: Employment Law.

Corporations.

Practice point: Persons may not be held personally liable on the corporation's contracts, provided they did not purport to bind themselves individually.

Students should note that a corporation's officers do not become liable merely because they have made decisions or taken actions that resulted in the corporation's breaching a contract.

Case: Stern v. H. DiMarzo, Inc., NY Slip Op 07327 (2d Dept. 2010)

Here is the decision.

Monday's issue: Municipalities Law.

Corporations.

Practice point: Persons may not be held personally liable on the corporation's contracts, provided they did not purport to bind themselves individually.

Students should note that a corporation's officers do not become liable merely because they have made decisions or taken actions that resulted in the corporation's breaching a contract.

Case: Stern v. H. DiMarzo, Inc., NY Slip Op 07327 (2d Dept. 2010)

Here is the opinion.

Monday's issue: Municipalities Law.

Motion practice.

Practice point: A sanction for spoliation requires a showing that the other side disposed of critical evidence, fatally compromising the ability to defend the action.

Students should note that, generally, striking a pleading is reserved for instances of willful or contumacious conduct.

Case: Scordo v. Costco Wholesale Corp., NY Slip Op 07324 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Corporations.