Appellate practice.

Where the record reflects that respondent consented to the order, it is not appealable since he is not an aggrieved party within the meaning of CPLR 5511. Respondent's remedy, if any, is to move to vacate or resettle the order.

Matter of Jessica M. v. Julio G.R., NY Slip Op 07696 (1st Dep't October 24, 2019)

Here is the decision.

Traverse hearings.

Where there are conflicting affirmations, based on personal knowledge, on the issue of the proper service of the defendant's motion to strike the complaint. a traverse hearing is required.

US Bank NA v. Okeke, NY Slip Op 07687 (1st Dep't October 24, 2019)

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Premises liability.

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.

Arshinov v. Gr 10-40, LLC, NY Slip Op 07560 (2d Dep't October 23, 2019)

Here is the decision.

CPLR 4401.

Pursuant to the statute, a party may move for a directed verdict after the close of the opposing party's evidence. It is reversible error to grant a motion for a directed verdict prior to the close of the party's case against whom a directed verdict is sought, even if it is unlikely that the plaintiff will prevail. The denial of a fair trial claim is a stand-alone cause of action

Cromedy v. City of New York, NY Slip Op 07527 (1st Dep't October 22, 2019)

Here is the decision.

Dismissal on the ground of CPLR 301.

A corporate defendant's registration to do business in New York and the designation of the Secretary of State to accept service of process does not constitute the corporation's consent to submit to the general jurisdiction of New York for causes of action that are unrelated to the corporation's affiliations with New York.

Fekah v. Baker Hughes Inc., NY Slip Op 07500 (1st Dep't October 17, 2019)

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A petition to vacate an arbitration award.

In order to vacate an award on the ground of manifest disregard of the law, the petitioner must show that the arbitration panel knew of a governing legal principle that was well defined, explicit, and clearly applicable, and refused to apply it or ignored it altogether. A mistake of law does not constitute manifest disregard, and is not ground for vacatur.

Matter of McKenna, Long & Aldridge, LLP v. Ironshore Specialty Ins. Co., NY Slip Op 07498 (1st Dep't October 17, 2019)

Here is the decision.

CPLR 3025(b).

A proposed amended complaint must clearly show the changes or additions between it and the previous complaint.

Cafe Lughnasa Inc. v. A&R Kalimian LLC, NY Slip Op 07496 (1st Dep't October 17, 2019)

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22 NYCRR 202.27.

 A court may exercise its discretion to dismiss an action where the plaintiff fails to appear at any scheduled call of a calendar or at any conference.

Bank of N.Y. v. Harper, NY Slip Op 07378 (2d Dep't October 16, 2019)

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CPLR 3212[f].

Where plaintiffs meet their burden of demonstrating that facts essential to justify opposition to a summary judgment motion may lie within defendants' exclusive knowledge or control, the motion will be denied as premature, with leave to renew upon the completion of discovery.

Lyons v. New York City Economic Dev. Corp., NY Slip Op 07483 (1st Dep't October 17, 2019)

Here is the decision.

Appellate Practice.

When a motion to renew an order will remove the grievance on which the appeal is based, the appeal should be abated.

Saud v. New York & Presbyt. Hosp., NY Slip Op 07375 (1st Dep't October 15, 2019)

Here is the decision.

Medical malpractice.

Supervised medical personnel who are not exercising their independent medical judgment are not liable for malpractice. However, they may be liable for failing to intervene if the supervising doctor's directions greatly deviate from normal medical practice.

Macancela v. Wykoff Hgts. Med. Ctr., NY Slip Op 07244 (2d Dep't October 9, 2019)

Here is the decision.