The limitations period in a boundary dispute.

A boundary dispute over a party's rights to property is an action seeking to remove a cloud on title, which is an equitable remedy. The action is governed by the 10-year statute of limitations where the owner is out of possession. However, where, as here, the owner is in possession, the right of action to remove a cloud on title is a continuous one accruing from day to day, and this right is not barred by the statute of limitations until the cloud is continued without interruption for a length of time sufficient to effect a change of title as a matter of law.

Liberty Sq. Realty Corp. v. The Doe Fund, Inc., NY Slip Op 07082 (1st Dep't December 21, 2021)

Here is the decision.

Article 78 proceedings.

The court's inquiry is limited to the question of whether the arbiter's determination is arbitrary, capricious, or lacking a rational basis.

Matter of Prismatic Dev. Corp. v. New York City Tr. Auth., NY Slip Op 07072 (1st Dep't December 16, 2021)

Here is the decision.

Bills of particulars.

What the plaintiff styles as a supplemental bill of particulars asserting a new theory of liability is actually an amended bill of particulars. It is a nullity because it was served after note of issue, after defendant filed its summary judgment motion, and without leave of court.

Stovall v. Lenox Hill Hosp., NY Slip Op 07004 (1st Dep't December 16, 2021)

Here is the decision.

Common-law indemnification.

A party who is held vicariously liable for another party's negligence may seek to recover damages from the wrongdoer. 

Cobblestone Foods, LLC v. Branded Concept Dev., Inc., NY Slip Op 06984 (2d Dep't December 15, 2021)

Here is the decision.

Statutory interpretation.

The primary consideration is to discern and give effect to the Legislature's intention, and the statutory text is the surest indicator of legislative intent. Courts should construe unambiguous language so as to give effect to its plain meaning. When the plain language of the statute is precise and unambiguous, it is determinative.

Bank of Am., N.A. v. Kessler, NY Slip Op 06979 (2d Dep't December 15, 2021)

Here is the decision.

Civil usury.

A person may not charge, take, or receive any money as interest on a loan at a rate exceeding the maximum permissible interest rate of 16% per year. A usurious contract is void and relieves the borrower of the obligation to repay principal and interest thereon.

Adler v. Marzario, NY Slip Op 06977 (2d Dep't December 15, 2021)

Here is the decision.

CPLR 2221[e][2].

A motion for leave to renew will be denied where the purported new facts are not material and would not change the prior determination.

Casillas-Reyes v. John, NY Slip Op 06943 (1st Dep't December 14, 2021)

Here is the decision.

Christmas 1943.

Christmas Eve 1964.

Limitations period on an incidental claim.

Plaintiff's claim for fraud is incidental to his conversion claim, and so it is subject to the three-year limitations period as applicable to the conversion claim.

Lyman v. J.P. Morgan Chase & Co., NY Slip Op 06954 (1st Dep't December 14, 2021)

Here is the decision.