Statutes of limitations.

Parties may contract for shorter limitations periods than those provided by statute, as long as the contractual limitations period is reasonable and in writing.

Jonas v. National Life Ins. Co., NY Slip Op 02662 (1st Dep't April 9, 2019)

Here is the decision.

1970.

CPLR 5701(a)(2).

No appeal lies from that portion of the trial court's order declining to sign a specific paragraph in an order to show cause.

Sitbon-Robson v. Robson, NY Slip Op 02625 (1st Dep't April 4, 2019)

Here is the decision.

CPLR 2221.

A subsequent motion that does not present any facts that had not been raised in the prior motion is effectively a motion for leave to reargue, the denial of which is not appealable.

Clampa Org., LLC v. Vergara, NY Slip Op 02495 (2d Dep't April 3, 2019)

Here is the decision.

A time-barred defamation claim.

The one-year statute of limitations, pursuant to CPLR 215(3), generally accrues on the date of the first publication of the allegedly defamatory statement. A reference to an article that does not restate the defamatory material is not a republication of the material.

Biro v. Conde Nast, NY Slip Op 02615 (1st Dep't April 4, 2019)

Here is the decision.

The doctrine of incorporation by reference.

The doctrine may be appropriately invoked only where the document to be incorporated is referred to and described in the instrument as issued so as to identify the referenced document beyond all reasonable doubt.

Von Ancken v. 7 E. 14 LLC, NY Slip Op 02608 (1st Dep't April 4, 2019)

Here is the decision.

CPLR 2201.

Pursuant to the statute, a court has broad discretion to grant a stay in order to avoid the risk of inconsistent adjudications, application of proof, and potential waste of judicial resources.

Chaplin v. National Grid, NY Slip Op 02493 (2d Dep't April 3, 2019)

Here is the decision.

CPLR 3212(b) and 4518(a).

Summary judgment may not be granted on the basis of affidavits that are not based on personal knowledge and documents that are not authenticated.

Clarke v. American Truck & Trailer, Inc., NY Slip Op 02448 (1st Dep't April 2, 019)

Here is the decision.

CPLR 203(f).

A claim asserted in an amended pleading is deemed to have been interposed at the time the claims in the original pleading were interposed, unless the original pleading does not give notice of the transactions, occurrences, or series of transactions or occurrences to be proved in the amended pleading.

Catnap, LLC v. Cammeby's Mgt. Co., LLC, NY Slip Op 02309 (2d Dep't March 27, 2019)

Here is the decision.

Collateral estoppel.

A defendant is precluded from relitigating the sufficiency of the claim if it had a full and fair opportunity to litigate the issue when the plaintiff moved to amend the complaint and assert the claim.

Vaca v. Village View Hous. Corp., NY Slip Op 02420 (1st Dep't March 28, 2019)

Here is the decision.

Dismissal of a defamation claim.

In order to withstand dismissal, a public figure-plaintiff must allege that the defendant published the statements at issue with actual malice, that is, with either knowledge that they were false, or reckless disregard for the truth.

Winklevoss v. Steinberg, NY Slip Op 02419 (1st Dep't March 28, 2019)

Here is the decision.