Legal malpractice.

Defendant's summary judgment motion to dismiss will be denied if defendant fails to demonstrate, as a matter of law, that the alleged conduct was not negligence but a reasonable strategic decision.

Roth v. Ostrer, NY Slip Op 03218 (1st Dep't May 3, 2018)

Here is the decision.

Oral agreements.

If the parties do not intend that an agreement will be binding until it is reduced to writing and signed, they are not bound and may not be held liable until the agreement has been written out and signed. However, if they intended to be bound by an oral agreement, a mere failure to reduce their promises to writing is immaterial.  Where a contract's substantial terms have been agreed on, the fact that the parties intended that the contract should be formally drawn up and put in writing does not leave the transaction incomplete and without binding force in the absence of a positive agreement that it should not be binding until reduced to writing and formally executed.

223 Sam, LLC v. 223 15th St., LLC, NY Slip Op 03118 (2d Dep't May 2, 2018)

Here is the decision.

Dismissal of Labor Law claims.

 Since the debris removal giving rise to plaintiff's injury was not within the scope of authority or work delegated to the defendant, it may not be liable to plaintiff under Labor Law §§ 240(1) or 241(6) as a statutory agent of the general contractor.

Santiago v. 44 Lexington Assoc., LLC, NY Slip Op 03229 (1st Dep't May 3, 2018)

Here is the decision.

Non-profits and fiduciary duty.

The directors of a not-for-profit corporation have the fiduciary obligation to act on behalf of the corporation in good faith and with reasonable care so as to protect and advance the corporation's interests.

Nachbar v. Cornwall Yacht Club, NY Slip Op 02795 (2d Dep't April 25, 2018)

Here is the decision.

Extending the time for a notice of claim.

Pursuant to General Municipal Law § 50-e(5), a court may exercise its discretion to extend the time to serve a notice of claim. In determining whether to grant the extension, the court must consider whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after it arose, or within a reasonable time thereafter.  The court must also consider all other relevant circumstances, including whether the petitioner has demonstrated a reasonable excuse for the failure to serve a timely notice, and whether the delay will substantially prejudice the public corporation in maintaining a defense on the merits.

Wilson v. City of New York, NY Slip Op 02794 (2d Dep't, April 25, 2018)

Here is the decision.

Res ipsa loquitur.

When the court determines that the doctrine applies, the lack of an allegation of actual or constructive notice is not fatal to the plaintiff's claim, as notice is inferred.

Mejia v. Delgado, NY Slip Op 02893 (1st Dep't April 26, 2018)

Here is the decision.

Frivolous conduct.

The court rule, codified at 22 NYCRR 130-1.1, authorizes a court to exercise its discretion in awarding reasonable attorney's fees resulting from frivolous conduct. Conduct is frivolous if it is completely without merit in law, or advances false statements of material facts. In determining whether conduct is frivolous, the court will consider circumstances such as the time available for investigating the legal or factual bases of the conduct, and whether the conduct was continued when its lack of legal or factual basis was apparent, should have been apparent, or was brought to the attention of counsel or the party.

Matter of Sottilare v. Fahner, NY Slip Op 02792 (2d Dep't April 25, 2018)

Documentary evidence.

A factual affidavit is not documentary evidence within the meaning of CPLR 3211(a)(1).

Celentano v. Boo Realty, LLC, NY Slip Op 02882 (1st Dep't April 26, 2018)

Here is the decision.

Failure to vacate a default.

Having failed to vacate the default, the defendant is deemed to have admitted all factual allegations contained in the complaint and all reasonable inferences that flow from those allegations.

Bank of N.Y. Mellon Trust Co. v. Loodus, NY Slip Op 02591 (2d Dep't April 18, 2018)

Here is the decision.

Parol evidence in a contracts action.

Parol evidence of the parties' contrary intent is irrelevant in the face of the unambiguous governing documents.

P360 Spaces LLC v. Orlando, NY Slip Op 02749 (1st Dep't April 24, 2018)

Here is the decision.

A motion to dismiss.

Pursuant to CPLR 3211(a)(4), the court may dismiss an action if there is another action pending, in any court, seeking the same relief.

Ember v. Denizard, NY Slip Op 02715 (1st Dep't April 19, 2018)

Here is the decision.