A claim for misappropriation of trade secrets.

Bank records and checks do constitute trade secrets, which are defined as any formula, pattern, device, or compilation of information which is used in one's business, and which gives one an opportunity to obtain an advantage over competitors who do not know or use it.

Landmark Ventures, Inc. v. Kreisberg & Maitland, LLP, NY Slip Op 00248 (1st Dep't January 14, 2020

Here is the decision.

CPLR 213[1].

The causes of action to impose a constructive trust and to recover damages for unjust enrichment are governed by a six-year statute of limitations that begins to run at the time of the wrongful act giving rise to a duty of restitution.

Saddharma Cakra Buddhist Assn., Inc. v. Sheng Chien Chen, NY Slip Op 00167 (2d Dep't January 8, 2020)

Here is the decision.

Contracts and tort liability.

Generally, a contractual obligation, without more, does not give rise to tort liability in favor of a third party. There are three exceptions to the rule: (1) where the contracting party, in failing to exercise reasonable care in the performance of its duties, launches a force or instrument of harm; (2) where the plaintiff detrimentally relies on the continued performance of the contracting party's duties; and (3) where the contracting party has entirely displaced the other party's duty to maintain the premises safely. On a motion for summary judgment, a contracting defendant is only required to negate the applicability of an exception that is expressly pleaded by the plaintiff or expressly set forth in the plaintiff's bill of particulars.

Ramsey v. Temco Serv. Indus., Inc., NY Slip Op 00166 (2d Dep't January 8, 2020)

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CPLR Article 78.

Prohibition and mandamus are extraordinary remedies. Prohibition is available only where there is a clear legal right, and only in cases where judicial authority is at issue, and the court acts, or threatens to act, either without jurisdiction or in excess of its powers.  Mandamus will lie only to compel the performance of a ministerial act, and only where there is a clear legal right to the relief sought.

Matter of Taffet v. Cozzens, NY Slip Op 00149 (2d Dep't January 8, 2020)

Here is the decision.

CPLR 3212[f].

While a motion for summary judgment may be denied on the ground that discovery is not complete, vague allegations of discoverable material are insufficient.

Ull v. Royal Car Park LLC, NY Slip Op 00224 (1st Dep't January 9, 2020)

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Summary judgment in a medical malpractice action.

The motion will be granted as to the defendant-resident who was acting under the supervision of the defendant-physician, and who did not trigger individual liability by exercising independent medical judgment or otherwise acting outside the realm of ordinary prudence.

Murphy v. Drosinos, NY Slip Op 00214 (1st Dep't January 9, 2020)

Here is the decision.

Appellate practice.

The Appellate Division may decline to consider an argument that is raised only in a reply brief.

Woodward v. Levine, NY Slip Op 00068 (1st Dep't January 7, 2020)

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Workers' Compensation Law.

 The special employee doctrine cannot be used to deem the plaintiff an "employee" of defendant for purposes of the Workers' Compensation Law.

White v. Metropolitan Opera Assn., Inc., NY Slip Op 00076 (1st Dep't January 7, 2020)

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Appellate practice.

The appeal from the judgment brings up for review the order that denied defendant's motion to reargue and renew, which the court, in effect, granted by addressing its merits.

JW 70th St. LLC v. Simon, NY Slip Op 00090 (1st Dep't January, 2020)

Here is the decision.

Personal jurisdiction.

 Pursuant to CPLR 320(b), a defendant's appearance is equivalent to personal service of the summons, unless the defendant objects by motion or in the answer.  An attorney's appearance constitutes an appearance by the party for purposes of conferring jurisdiction.

Residential Credit Solutions, Inc. v. Guzman, NY Slip Op 09313 (2d Dep't December 24, 2019)

Here is the decision.

A motion to compel discovery.

Where the plaintiff's job performance is not at issue, the demand for production of her entire employment file for three-years prior to the accident is overly broad and neither material nor necessary to her claim of a traumatic brain injury. The disclosure of records regarding her two knee replacements is appropriate, however, as the records are sufficiently related to her claim that, as a result of the accident, she had impaired instability and balance.

Wilson v. Simpson W. Realty, LLC, NY Slip Op 00053 (1st Dep't January 2, 2020)

Here is the decision.