A parent's right to a hearing.

The Family Court's refusal to permit the mother's counsel to admit into evidence documentary evidence on the mother's behalf, based on the mother's failure to appear at the hearing, violated the mother's right to due process. A parent has a right to be heard on matters concerning the child, and, absent the convincing showing of a waiver, the parent's rights are not to be disregarded. Here, there was no showing that the mother waived her right to be heard.

Matter of Amira W.H., NY Slip Op 02264 (2d Dep't April 9, 2020)

Here is the decision.

A non-custodial parent's visitation rights.

There is a rebuttable presumption that visitation by the noncustodial parent is in the child's best interest, and visitation should be denied only in exceptional circumstances

Matter of Byron M. v. Sasha A., NY Slip Op 02243 (1st Dep't April 9, 2020)

Here is the decision.

Guardians ad litem.

The court may providently appoint the guardian where a party is incapable of prosecuting or defending the case and assisting counsel, pursuant to CPLR 1201.

Olga P. v. Ionnis P., NY Slip Op 02239 (1st Dep't April 9, 2020)

Here is the decision.

Notes of issue.

A note of issue will be vacated when it is based on a certificate of readiness which contains an erroneous fact, such as that discovery has been completed. Here, the motion to vacate was granted since plaintiff, prior to filing the note and the certificate, had not provided authorizations allowing her out-of-state medical providers to release her medical records to defendants, as well as certain receipts for expenses incurred as a result of her injuries.

Ruiz v. Park Gramercy Owners Corp., NY Slip 02260 (1st Dep't April 9, 2020)

Here is the decision.

"Non est hic."

Appellate practice.

An order entered on default of the aggrieved party is not appealable, pursuant to CPLR 5511.

Arzu v. Kevin Dana Gratt Assoc., NY Slip Op 02242 (1st Dep't April 9, 2020)

Here is the decision.

Easter Vigil.

A non-party's breach of contract claim.

A non-party can asset the claim only if it is an intended, and not a mere incidental, beneficiary of the contract. Even then, the parties' intent to benefit the third-party must be apparent on the face of the contract.  In the absence of clear contractual language of such intent, New York courts have demonstrated a reluctance to interpret circumstances so as to construe such an intent.

CWCapital Invs. LLC v CWCapital Cobalt VR Ltd., NY Slip Op 02240 (1st Dep't April 9, 2020)

Here is the decision.

Stabat Mater.

A petition to compel discovery.

A motion pursuant to CPLR 3103(a) is a proper vehicle for challenging a petition to compel discovery brought pursuant to CPLR 3102(c). CPLR 3102(c) merely provides a device for obtaining pre-action discovery, and CPLR 3103(a) is a means for obtaining, at any time, an order "denying, limiting, conditioning or regulating the use of any disclosure device."

Delgrange v. RealReal, Inc., NY Slip Op 02170 (1st Dep't April 2, 2020)

Here is the decision.

"Quid est veritas?"