A school's liability.

While schools have a duty to adequately supervise students, third-party acts causing injury to a fellow student will not give rise to the school's liability in negligence absent actual or constructive notice of prior similar conduct.

Francis v. Mount Vernon Bd. of Educ., NY Slip Op 05916 (2d Dep't August 29, 2018)

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CPLR 3216.

Pursuant to the statute, a court may, on its own initiative, dismiss an action for failure to prosecute. CPLR 3216(a) requires service of the defendant's written demand stating that the plaintiff's failure to proceed within ninety days will result in a motion to dismiss. A conditional order of dismissal may have the same effect as a valid 90-day notice if, among other things, the order satisfies the statutory notice requirement.

Deutsche Bank Natl. Trust Co. v. Bastelli, NY Slip Op 05822 (2d Dep't August 22, 2018)

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The City's duty of care over streets and sidewalks.

Administrative Code of the City of New York § 7-201(c) limits the City's duty of care over municipal streets and sidewalks by imposing liability only for those defects or hazardous conditions which its officials have been actually notified exist at a specified location.  Accordingly, prior written notice of a defect is a condition precedent which plaintiff is required to plead and prove to maintain an action against the City.  The only recognized exceptions to the prior written notice requirement involve situations in which either the municipality created the defect through an affirmative act of negligence, or a special use confers a special benefit upon the municipality.

Allen v. City of New York, NY Slip Op 05811 (2d Dep't August 22, 2018)

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Probable cause as an affirmative defense.

Probable cause constitutes a complete defense to causes of action alleging false arrest, false imprisonment, and malicious prosecution. The defense extends to § 1983 claims that are the federal-law equivalents of state common-law causes of action for false arrest and malicious prosecution.

Ball v. Miller, NY Slip Op 05813 (2d Dep't August 22, 2018)

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Leave to amend.

Leave will be granted where the amendment shifts a claim from a party without standing to another party who could have asserted the claim in the first instance, as the defendants had prior knowledge of the claim and an opportunity to prepare a proper defense. It does not matter that the applicable statute of limitations had expired by the time the plaintiff moved to amend, since the original complaint was timely filed and gave the defendants notice of the transactions and occurrences pleaded in the amended complaint, pursuant to CPLR 203[f].

D'Angelo v. Kujawski, NY Slip Op 05750 (2d Dep't August 15, 2018)

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A motion for leave to renew.

The motion must be based on new facts, not offered on the original application, that would change the prior determination. Leave is not warranted where the factual material adduced in connection with the subsequent motion is merely cumulative with respect to the factual material submitted in connection with the original motion.

Analiese Home Corp. v. Mannari, NY Slip Op 05812 (2d Dep't August 22, 2018)

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A court's sua ponte dismissal.

A court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal. In the absence of a jurisdictional defect, sua sponte dismissal is not warranted.

Countrywide Home Loans, Inc. v. Campbell, NY Slip Op 05749 (2d Dep't August 15, 2018)

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Disclosure of expert witnesses.

A party's failure to disclose its experts pursuant to CPLR 3101(d)(1)(i) prior to the filing of a note of issue and certificate of readiness does not divest a court of the discretion to consider an affirmation or affidavit submitted by that party's experts in the context of a timely motion for summary judgment. The exercise of discretion is proper where the failure to disclose was neither intentional nor willful, and there is no prejudice to the other party.

Cobham v. 330 W. 34th SPE, LLC, NY Slip Op 05748 (2d Dep't August 15, 2018)

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Judiciary Law § 487 and legal malpractice.

A claim alleging a violation of Judiciary Law § 487 is not duplicative of the cause of action alleging legal malpractice, as a violation of § 487 requires an intent to deceive, whereas a legal malpractice claim is based on negligent conduct.

Bill Birds, Inc. v. Stein Law Firm, P.C., NY Slip Op 05743 (2d Dep't August 15, 2018)

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Opposing a summary judgment motion.

In opposing a plaintiff's prima facie showing on a summary judgment motion, a defendant's submission of an attorney's affirmation containing only general denials is insufficient to raise a triable issue of fact.

Bank of New York v. Aiello, NY Slip Op 056741 (2d Dep't August 15, 2018)

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Brokers' commissions.

A real estate broker is entitled to recover a commission upon establishing that it (1) is duly licensed; (2) had a contract, express or implied, with the party to be charged with paying the commission; and (3) was the procuring cause of the transaction.

Gluck & Co. Realtors, LLC v. Burger King Corp., NY Slip Op 05668 (2d Dep't August 8 2018)

Here is the decision.