The death of a party.

The death of a party divests the court of jurisdiction, and automatically stays proceedings pending the substitution of a legal representative for the decedent, pursuant to CPLR 1015(a). Any determination rendered without such a substitution is a nullity.

American Airlines Fed. Credit Union v. Costello, NY Slip Op 03335 (2d Dep't May 9, 2018)

Here is the decision.

A defamation claim.

An expression of pure opinion is not actionable, no matter how vituperative or unreasonable it is. In determining whether a statement is pure opinion, the court will consider (1) whether the specific language has a precise meaning that is readily understood; (2) whether the statement is capable of being proven true or false; and (3) whether, in context, the reader or listener would understand that the statement is an expression of opinion, not fact.

Trump Vil. Section 4, Inc. v. Bezvoleva, NY Slip Op 03389 (2d Dep't May 9, 2018)

Here is the decision.

Statutory attorneys' fees.

Real Property Law § 234 provides that a tenant may be eligible to recover attorneys' fees from a landlord where the governing lease permits fees and a breach of the lease is alleged. Here, no breach of the lease is alleged. The plaintiffs seek to reform the lease so as to remove the provision granting the defendants exclusive use of the backyard, and seek prospective declaratory and injunctive relief in that regard. The statute is not applicable.

Mulholland v. Moret, NY Slip Op 03375 (2d Dep't May 9, 2018)

Here is the decision.

Affidavits and summary judgment.

A defendant's affidavit that appears to have been submitted in order to avoid the consequences of a prior admission is insufficient to defeat the plaintiff's motion.

Martinez v. WE Transp. Inc., NY Slip Op 03311 (1st Dep't May 8, 2018)

Here is the decision.

Recovery of a real estate fee.

A plaintiff-real estate broker may not bring or maintain an action to recover a fee if he or she did not have a broker's license.

Kaspi v .Wainstein, NY Slip Op 03227 (1st Dep't May 3, 2018)

Here is the decision.

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.