CPLR 3211(a)(5).

A party may move to dismiss a cause of action based on the doctrine of res judicata, or claim preclusion, under which a valid final judgment bars future actions between the same parties on the same cause of action.

23 E. 39th St. Dev., LLC v 23 E. 39th St. Mgt. Corp., NY Slip Op 03748 (2d Dep't May 15, 2019)

Here is the decision.

Memorial Day.

Memorial Weekend. 2019.

Memorial Weekend. 1970.

Memorial Weekend. 1970.

CPLR 5511.

No appeal lies from an order entered upon the default of the appealing party.

HSBC Bank USA, Natl. Assn. v. Guaman, NY Slip Op 03772 (2d Dep't May 15, 2019)

Here is the decision.

CPLR 3025(b).

Although leave to amend a pleading will generally be granted in the absence of prejudice or surprise to the opposing party, the motion will be denied where the proposed amendment is palpably insufficient or patently devoid of merit.

Greene v. Esplanade Venture Partnership, NY Slip Op 03771 (2d Dep't May 15, 2019)

Here is the decision.

Service of process.

The process server's affidavit of service gives rise to a presumption of proper service, and the plaintiff's conclusory and unsupported statements in his affidavit are insufficient to rebut the presumption.

Green Tree Servicing, LLC v. Ferando, NY Slip Op 03770 (2d Dep't May 15, 2019)

Here is the decision.

Contract construction.

Where the parties' agreements are complete, clear and unambiguous on their face, they must be enforced according to the plain meaning of their terms.

Teledata Tech. Solutions, Inc. v. Sandton Fund Assignments, LLC, NY Slip Op 03889 (1st Dep't May 16, 2019)

Here is the decision.

Summary judgment in a personal injury action.

A plaintiff is not required to show freedom from comparative fault in order to establish prima facie entitlement to judgment as a matter of law on the issue of liability.

Catanzaro v. Edery, NY Slip Op 03762 (2d Dep't May 15, 2019)

Here is the decision.

CPLR 3126(3).

When a party fails to comply with a court order and frustrates the disclosure scheme set forth in the CPLR, it is within the court's discretion to strike or dismiss a pleading. The drastic remedy of dismissing a complaint is granted only where the plaintiff's conduct is willful and contumacious. Such conduct may be inferred from the repeated failure to comply with court-ordered discovery, coupled with inadequate explanations for the failures to comply, or a failure to comply over an extended period of time.

Empire Enters. I.J.J.A., Inc. v Daimler Buses of N. Am., Inc., NY Slip Op 03570 (2d Dep't May 8, 2019)

Here is the decision.