Amending a bill of particulars.

Pursuant to CPLR 3025(b), failure to submit the amendment with the moving papers is fatal to the motion.

Cedano v. New York Racing Assn., Inc., NY Slip Op 03022 (2d Dep't April 2, 2019)

Here is the decision.

Expert opinions.

The opinion may be based on photographs, but the facts on which the expert relies must be fairly inferable from the evidence.

Eskridge v. TJBM Entrs., Inc., NY Slip Op 03027 (2d Dep't April 24, 2019)

Here is the decision.

A contract claim dismissed with prejudice.

The dismissal must be with prejudice where the plaintiff does not allege bad faith or facts known, or even suspected, to support a finding of bad faith, and fails to demonstrate that it can cure that fatal deficiency.

Eaton Vance Mgt. v. Wilmington Sav. Fund Socy., FSB, NY Slip Op 03143 (1st Dep't April 25, 2019)

Here is the decision.

Firing a probationary City employee.

The employee may be terminated without a hearing for any reason or no reason at all, as long as the dismissal was not unlawful or in bad faith.

Matter of Hawkins v. Farina, NY Slip Op 03141 (1st Dep't April 25, 2019)

Here is the decision.

CPLR 3016[a].

Defamation is not pled with the requisite particularity where the complaint fails to state whether the utterances were verbal or written, the specific time and location at which the utterances were made, and, most critically, the identity of even a single person who allegedly heard the offending utterances.

Vertical Sys. Analysis, Inc. v. Balzano, NY Slip Op 03138 (1st Dep't April 25, 2019)

Here is the decision.

The Court of Claims.

The Court of Claims has exclusive jurisdiction over actions for money damages against State agencies, departments, officials, and employees acting in their official capacity in the exercise of governmental functions.

Byvalets v. State of New York, NY Slip Op 03021 (2d Dep't April 24, 2019)

Here is the decision.

A Noseworthy charge.

As a result of the accident, the plaintiff is confined to a hospital bed and unable to speak, and so there will be a jury charge under the Noseworthy doctrine, which permits a plaintiff to prevail on a lesser degree of proof.

G.G.N. v. Ramos, NY Slip Op 03137 (1st Dep't April 15, 2019)

Here is the decision.

A claim for contractual indemnification.

The claim will be denied where the entity is neither named as an owner in the indemnification agreement nor a third-party beneficiary of the agreement.

Benitez v. Church of St. Valentine Williamsbridge N.Y., NY Slip Op 02990 (1st Dep't April 23, 2019)

Here is the decision.

A dismissed fraud claim.

The element of reliance is insufficiently pled where the plaintiff had the means to discover the true nature of the transaction by the exercise of ordinary intelligence, and failed to make use of those means.

Rubin v. Sabharwal, NY Slip Op 02975 (1st Dep't April 23, 2019)

Here is the decision.

Voidable contracts.

A contract is voidable on the ground of duress and coercion where the party making the claim was forced to agree to it by means of a wrongful threat precluding the exercise of free will.  Generalized contentions that a party felt pressured are insufficient. As a matter of law, the exercise or threatened exercise of a legal right is not duress.

Shah v. Mitra, NY Slip Op 02739 (2d Dep't April 10, 2019)

Here is the decision.

A fee dispute between attorneys.

The outgoing attorney may elect either immediate compensation based on quantum meruit for the reasonable value of the services rendered, or a contingent percentage fee to be determined at the conclusion of the litigation.

Rodriguez v. Ryder Truck Rental, Inc., NY Slip Op 02735 (2d Dep't April 10, 2019)

Here is the decision.