Summary judgment.

Practice point:  The opponent is entitled to further discovery when it appears that facts supporting the opposition may exist but cannot yet be stated.

Students should note that this is especially so when there was not a reasonable opportunity for disclosure prior to the making of the motion.

Nicholson v. Bader, NY Slip Op 03041 (2d Dept. 2011).

Here is the decision.

Tomorrow's issue is tort liability.

School injuries.

Practice point: To recover damages for failure to provide adequate supervision, plaintiff must demonstrate that the school was on notice, such that a third-party's acts could reasonably have been anticipated.

Students should note that the impulsive act of a fellow student ordinarily will not give rise to a finding of negligence.

Gomez v. Floral Park-Bellrose Union Free School Dist., NY Slip Op 03028 (2d Dept. 2011).

Here is the decision.

Monday's issue is summary judgment.

Workers' compensation.

Practice point: Workers' Compensation Law §§ 11 and 29(6) provide that an employee who elects compensation benefits may not sue the employer in an action at law.

Students should note that these exclusivity provisions apply to special employers, as well as direct employers.

D'Alessandro v. Aviation Constructors, Inc., NY Slip Op 03021 (2d Dept. 2011).

Here is the decision.

Tomorrow's issue is injuries at school.

The emergency doctrine.

Practice point: In a sudden or unexpected circumstance where there is no time for thought, deliberation or consideration, the actor may not be liable for negligence if the actions taken were reasonable and prudent.

Students should note that the reasonableness of an actor's response is ordinarily a question of fact.

Crawford-Dunk v. MV Transp., Inc., NY Slip Op 03019 (2d Dept. 2011).

Here is the decision.

Tomorrow's issue is workers' compensation.

Landowner's duties.

Practice point: The fact that a defect may be open and obvious does not negate the duty to maintain the premises in a reasonably safe condition, but may raise a question as to plaintiff's comparative negligence.

Students should note that whether a dangerous condition exists on real property, making the landowner liable, is generally a fact question for the jury.

Clark v. AMF Bowling Ctrs., Inc., NY Slip Op 03016 (2d Dept. 2011).

Here is the decision.

Tomorrow's issue is the emergency doctrine.

Labor Law.

Practice point: On a § 240(1) claim, an injured plaintiff does not have to prove that the hoist was defective, only that he was not given proper protection.

Students should note that uncertainty as to exactly what preceded the accident does not create an issue of fact as to proximate cause.

Arnaud v. 140 Edgecomb LLC, NY Slip Op 02951 (1st Dept. 2011).

Here is the decision.

Tomorrow's issue is landowner's duties.

Vicarious liability for medical malpractice.

Practice point: Apparent or ostensible agency may serve as a predicate for the claim.

Students should note that a supervised practitioner who is not exercising independent judgment will not be liable unless the supervisor's instructions are so deviant from normal practice that there should be liability for failing to intervene.

Bellafiore v. Ricotta, NY Slip Op 02822 (2d Dept. 2011).

Here is the decision.

Monday's issue is Labor Law.

Bus stops.

Practice point: A common carrier owes a duty to stop at a place where the passengers may safely disembark and leave the area.

Students should note that the duty terminates once the passenger has safely left the bus.

Barravecchio v. NYC Transit, NY Slip Op 02821 (2d Dept. 2011).

Here is the decision.

Tomorrow's issue is vicarious liability for medical malpractice.

Breach of fiduciary duty.

Practice point: A person knowingly participates in the breach only by providing substantial assistance to the primary violator.

Students should note that a claim of aiding and abetting the breach must allege that the defendant had actual knowledge, not constructive knowledge.

 Baron v. Galasso, NY Slip Op 02820 (2d Dept. 2011).

Here is the decision.

Tomorrow's issue is bus stops.

Preliminary injunctions.

Practice point: The mere existence of an issue of fact will not result in the denial of the motion.

Students should note that the motion requires a showing of likely success on the merits; irreparable harm; and a balance of the equities in movant's favor.

Arcamone-Makinano v. Britton Prop., Inc., NY Slip Op 02818 (2d Dept. 2011).

Here is the decision.

Tomorrow's issue is breach of fiduciary duty.

Bed bugs.

Practice point: A bug infestation is not a matter uniquely within a seller's knowledge, such that it requires disclosure by the seller. 

Students should note that if the contract specifically disclaims reliance on any representations as to the physical condition of the building, there is no claim arising from the seller's alleged misrepresentations that the building did not have a bedbug problem.

85-87 Pitt St., LLC v. 85-87 Pitt St. Realty Corp., NY Slip Op 02796 (1st Dept. 2011).

Here is the decision.

Tomorrow's issue is preliminary injunctions.