Discovery of tax returns.

A party seeking disclosure of tax returns must make a strong showing that the information contained in the returns is necessary and unavailable from other sources.  However, the underlying financial information which is contained in documents other than tax returns, such as in Form K-1s, is discoverable.

Norddeutsche Landesbank Girozentrale v. Tilton, NY Slip Op 06633 (1st Dep't October 4, 2018)

Here is the decision.

The doctrine of equitable mortgage.

The doctrine is inapplicable where there is a legal written mortgage.

21st Mtge. Corp. v. Nweke, NY Slip Op 06509 (2d Dep't October 3, 2018)

Here is the decision.

Service of process.

Ordinarily, a process server's affidavit of service constitutes prima facie evidence of proper service. However, the affidavit must be an affidavit of service, and not just an affidavit of due diligence in attempting service. Absent service, a default judgment is a nullity.

2004 McDonald Ave. Corp. v. KGYM Holdings Group, Inc., NY Slip Op 06508 2d Dep't (October 3, 2018)

Here is the decision.

Court holiday.

Discovery sanctions.

The order granting plaintiffs' motion to the extent of deeming all liability issues resolved in their favor was reversed, and the motion denied. Plaintiffs failed to establish that defendants' conduct during discovery was willful, contumacious, or in bad faith. When the motion was made, defendants were in violation of a single court order.  The court improvidently exercised its discretion in imposing the sanction nine months after plaintiffs brought the motion, when discovery had been completed and the note of issue had been filed.

Butler v. Knights Collision Experts, Inc., NY Slip Op 06474 (1st Dep't October 2, 2018)

Here is the decision.

The doctrine of judicial estoppel.

A party who assumed a certain position in a prior proceeding and secured a favorable ruling may not advance a contrary position in another action simply because its interests have changed.

Herman v. 36 Gramercy Park Realty Assoc., LLC, NY Slip Op 06473 (1st Dep't October 2, 2018)

Here is the decision.

A dismissed claim of promissory estoppel.

The claim is barred by the alleged existence of a contract.

ID Beauty S.A.S. v. Coty Inc. Headquarters, NY Slip Op 06322 (1st Dep't September 27, 2018)

Here is the decision.

The storm in progress rule.

A property owner is not liable for accidents resulting from the accumulation of snow and ice for a sufficient period of time following the storm so that the owner can ameliorate the hazards.  On a motion for summary judgment, the question of whether a reasonable time has elapsed may be decided as a matter of law. A plaintiff's speculative deposition testimony will not defeat the motion.

Autieri v. Longi, NY Slip Op 06222 (2d Dep't September 26, 2018)

Here is the decision.

Judiciary Law § 487 and the recovery of costs.

Pursuant to the statute, a plaintiff may recover only the excess legal costs that were proximately caused by the attorney's alleged deceit.

Melcher v. Greenberg Traurig LLP, NY Slip Op 06310 (1st Dep't September 27, 2018)

Here is the decision.

A motion to compel the plaintiff to accept an answer.

Pursuant to CPLR 3012(d), where there is a meritorious defense and no showing of either willfulness or prejudice as a result of the delay, the policy of resolving disputes on the merits militates in favor of granting the motion.

Cantave v. 170 W. 85 St. Hous. Dev. Fund Corp., NY Slip Op 06196 (1st Dep't September 25, 2018)

Here is the decision.

Settlement agreements.

An agreement between the parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding unless it is in a writing subscribed by the party or the party's attorney or reduced to the form of an order and entered, pursuant to CPLR 2104. A stipulation of settlement signed by an attorney may bind the client even if it exceeds the attorney's actual authority if the attorney had apparent authority to act on the client's behalf.

Anghel v. Utica Mut. Ins. Co., NY Slip Op 06073 (2d Dep't September 19, 2018)

Here is the decision.