Premises liability.

Liability for a dangerous condition on real property depends on ownership, occupancy, control, or special use of the property. A tenant's common-law duty to maintain the premises in a reasonably safe condition is limited to those areas which it occupies and controls, or of which it makes a special use.

Knight v. 177 W. 26 Realty, LLC, NY Slip Op 04685 (2d Dep't June 12, 2019)

Here is the decision.

CPLR 213[1].

The statute of limitations for a cause of action seeking to impose a constructive trust is six years. The limitations period starts upon the occurrence of the wrongful act giving rise to a duty of restitution. If the constructive trustee acquires the property wrongfully, the statute begins to run on the date of acquisition. If the constructive trustee wrongfully withholds property acquired lawfully from the beneficiary, the statute begins to run on the date the trustee breaches or repudiates the agreement to transfer the property.

Athanasatos v. Scarpa, NY Slip Op 04670 (2d Dep't June 12, 2019)

Here is the decision.

Attorney disqualification.

Absent consent, a lawyer may not advocate in one matter against another client that the lawyer represents in some other matter, even when the matters are wholly unrelated.

City & County Paving Corp. v. Titan Concrete, Inc., NY Slip Op 04776 (1st Dep't June 13, 2019)

Here is the decision.

Education Law § 3813[1].

Timely service of a notice of claim is a condition precedent to the commencement of an action against a school district.

Arroyo v. Central Islip USFD, NY Slip Op 04669 (2d Dep't June 12, 2019)

Here is the decision.

CPLR 217(1).

An article 78 proceeding challenging a petitioner's termination from government employment must be brought within four months from the date the termination becomes final and binding.

Matter of Irace v. Williams, NY Slip Op 04648 (1st Dep't June 11, 2019)

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A scheme to defraud.

Liability for fraud may be premised on knowing participation in the scheme, even if the participation, standing alone, does not constitute a fraud.

Bashian & Farber, LLP v. Syms, NY Slip Op 04348 (2d Dep't June 5, 2019)

Here is the decision.

The doctrine of res judicata.

An order entered upon a party's default in appearing to oppose a motion to dismiss is not a determination on the merits, and, therefore, the doctrine does not apply.

Abdelfattah v. Najar, NY Slip Op 04346 (2d Dep't June 5, 2019)

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Appellate practice.

An order issued sua sponte is not appealable as of right.

New Globaltex Co., Ltd. v. Zhe Lin, NY Slip Op 04456 (1st Dep't June 6, 2019)

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Yellowstone injunctions.

The injunction allows a commercial tenant, when threatened with termination of its lease, to toll the cure period so that, upon an adverse determination on the merits, the tenant may cure the default and avoid a forfeiture of the lease. An application must be made before the termination of the lease and before the expiration of the cure period set forth in the lease and the landlord's notice to cure.

255 Butler Assoc., LLC v. 255 Butler, LLC, NY Slip Op 04343 (2d Dep't June 5, 2019)

Here is the decision.

Attorneys' fees.

Plaintiff did not waive its right to attorneys' fees by postponing its application until after the merits determination, and a landlord's acceptance of a tenant's payment in satisfaction of a money judgment for rent is not an accord and satisfaction on the issue of attorneys' fees.

Paramount Leasehold, L.P. v. 43rd St. Deli, NY Slip Op 04342 (1st Dep't June 3, 2019)

Here is the decision.

Comparative negligence.

While a plaintiff is not required to establish freedom from comparative negligence, the issue may be decided on the plaintiff's motion to dismiss the affirmative defense of comparative negligence.

Wray v. Galella, NY Slip Op 04228 (2d Dep't May 29, 2019)

Here is the decision.