CPLR 3215(c).

The language of the statute is not discretionary, but mandatory, as it states that courts "shall" dismiss as abandoned claims for which a default judgment is not sought within the requisite one-year period. 

Deutsche Bank Natl. Trust Co. v. Watson, NY Slip Op 06340 (2d Dep't November 17, 2021)

Here is the decision.

CPLR 3215[f].

A movant for a default judgment must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defendant's failure to answer or appear. In order to defeat the motion, the defendant must show either that there was no default, or that it has a reasonable excuse for its delay and a potentially meritorious defense.

Deutsche Bank Natl. Trust Co. v. Pezzola, NY Slip Op 06339 (2d Dep't November 17, 2021)

Here is the decision.

Thanksgiving 1943.

Family Ct Act § 812 (2)(b).

"[A] family court proceeding is a civil proceeding and is for the purpose of attempting to stop the violence, end the family disruption and obtain protection." In order to support a finding that a respondent has committed a family offense, the petitioner must prove the allegations by a fair preponderance of the evidence. In deciding a motion to dismiss a petition, the allegations in the petition, as well as the petitioner's evidence, must be accepted as true and given the benefit of every reasonable inference which may be drawn therefrom.

Matter of Phillip D.S. v. Shamel B., NY Slip Op 06460 (1st Dep't November 18, 2021)

Here is the decision.

Contract law.

A contract is voidable on the ground of duress when it is established that the party making the claim was forced to agree to the contract by means of a wrongful threat precluding the exercise of free will. In order to rescind an agreement on the ground of overreaching, a plaintiff must demonstrate both overreaching and unfairness. In determining whether there has been overreaching, the court may examine the terms of the agreement and the surrounding circumstances. However, if the execution of the agreement is fair, no further inquiry will be made.

Barone v. Barone, NY Slip Op 06338 (2d Dep't November 17, 2021)

Here is the decision.

A Labor Law § 240(1) cause of action.

A fall from a scaffold, in and of itself, does not establish that the plaintiff was not provided with proper protection. Here, the plaintiff relies solely on his General Municipal Law § 50-h hearing testimony and his deposition testimony, which merely establish that he fell from a scaffold. The plaintiff fails to address whether there were scaffold rails, possible tie-off points for a harness, or some alternative fall protection. Without more, the plaintiff's testimony that he "moved [his] foot" to the left, causing him to step off of the scaffold and into an "empty space," and that "there was nothing there because [he] stepped on it and . . . thought it was something solid" is insufficient.

Torres v. New York City Hous. Auth., NY Slip Op 06207 (2d Dep't November 10, 2021)

Here is the decision.

General Municipal Law § 50-e.

As a prerequisite to suing individual municipal employees, they must be named in the notice of claim.

Wiggins v. City of New York, NY Slip Op 06035 (1st Dep't November 16, 2021)

Here is the decision.

CPLR 2221(e).

Plaintiff's motion for leave to renew was denied because the purported new facts on which the motion was based was a notice of appearance that had been filed four years earlier by defendant's prior attorney, who was suspended and then disbarred. Plaintiff offered no reasonable justification for its failure to find and timely present this document, which was a matter of public record in the court file, in opposition to defendant's underlying motion to dismiss.

NRZ Pass-Through Trust IV v. Rouge, NY Slip Op 06095 (1st Dep't November 9, 2021)

Here is the decision.

CPLR 511(a).

The defendant shall serve with the answer, or prior to service of the answer, a demand for a change of place of trial on the ground that the designated county is not a proper county. Subsection (b) permits the defendant to move to change the place of trial within fifteen days after service of the demand. Where the defendant fails to make a timely demand for a change of venue on the ground that the venue designated by the plaintiff was improper, or to make a timely motion on that ground, the defendant is not entitled to a change of venue as of right, and the motion is addressed to the court's discretion.

Suki Bus., Inc. v. East Coast Realtors, Inc., NY Slip Op 06205 (2d Dep't November 10, 2021)

Here is the decision.

A claim for negligent hiring and training.

A necessary element of the cause of action is that the employer knew or should have known of the employee's propensity for the conduct which caused the injury.

Sheppard v. United States Tennis Assn. Inc., NY Slip Op 06204 (2d Dep't November 10, 2021)

Here is the decision.

CPLR 2104.

Emails which reduce the parties' settlement agreement to a writing are "subscribed" within the meaning of the statute, and, therefore, constitute a binding stipulation. The sender is identifiable, and there is no contention that defendant's counsel did not intentionally send the emails.

Rawald v. Dormitory Auth. of the State of N.Y., NY Slip Op 06109 (1st Dep't November 9, 2021)

Here is the decision.