Suits against the State.

 In order to timely commence the action, a claimant must meet the requirements of Court of Claims Act § 11, which states, "[t]he claim shall state the time when and place where such claim arose, the nature of same, and the items of damage or injuries claimed to have been sustained." Absolute exactitude is not required, but the notice of claim must be definite enough to enable the State to investigate the claim promptly and to ascertain its liability.

Mindley v. State of New York, NY Slip Op 02069 (1st Dep't March 13, 2022)

Here is the decision.

A motion to quash a subpoena.

Since the plaintiff is trying to enforce a judgment that was issued by Supreme Court, New York County, plaintiff properly issued subpoenas with restraining notices out of that court. A proceeding to vacate the restraining notices must be brought in that court. 

79 Madison LLC v. Ebrahimzadeh, NY Slip Op 02052 (1st Dep't March 24, 2022)

Here is the decision.

Property owners' liability.

Property owners and occupiers owe a duty of reasonable care to keep their premises safe. The scope of that duty is the foreseeability of the possible harm, which can be resolved by the court when only one inference can be drawn from undisputed facts. A landowner is not liable for injuries arising from a condition that is inherent or incidental to the nature of the property, and that could be reasonably anticipated by those using it.

Aloi v. Dubriske, NY Slip Op 01979 (2d Dep't March 23, 2022)

Here is the decision.

The business judgment rule.

Tbe rule bars judicial inquiry into corporate directors' actions taken in good faith and in the exercise of honest judgment in the lawful and legitimate furtherance of corporate purposes.  A complaint's conclusory allegations do not defeat the powerful presumption of the rule.

Max v. ALP, Inc., NY Slip Op 01969 (1st Dep't March 22, 2022)

Here is the decision.

CPLR 3017[a].

The court may grant any type of relief, regardless of whether the relief is demanded, appropriate to the proof, and imposing such terms as may be just.

Rios v. Sendowski, NY Slip Op 01977 (1st Dep't March 22, 2022)

Here is the decision.

CPLR 3025(b).

The court denied plaintiff's request for leave to file a new amended complaint that would include additional allegations, as plaintiff did not submit a proposed second amended complaint as required by the statute.

New York Studios Inc. v. Steiner Digital Studios, NY Slip Op 01881 (1st Dep't March 17, 2022)

Here is the decision.

Appellate practice.

The right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure and sale in the action.

CIT Bank, N.A. v. Fernandez, NY Slip Op 01763 (2d Dep't March 16, 2022)

Here is the decision.

Alter ego liability.

Alter ego liability is not an independent cause of action in New York.

Perez v. Long Is. Concrete Inc., NY Slip Op 0887 (1st Dep't March 17, 2022)

Here is the decision.

CPLR 3024[b].

The defendant's motion to strike portions of the complaint is denied, as he has made no showing that the purportedly scandalous or prejudicial allegations are irrelevant.

Robinson v. Dinneen, NY Slip Op 01889 (1st Dep't March 17, 2022)

Here is the decision.

CPLR 3211(7).

On a defendant's motion to dismiss a complaint for failure to state a cause of action, the court must construe the complaint liberally, accept the allegations as true, and gve the plaintiff the benefit of every favorable inference. Whether the plaintiff can ultimately establish its allegations is not part of the calculus in deciding the motion. Unlike on a motion for summary judgment where the court searches the record and assesses the sufficiency of the parties' evidence, on a motion to dismiss the court merely examines the adequacy of the pleadings.

Ayers v. Bloomberg, L.P., NY Slip Op 01762 (2d Dep't March 16, 2022)

Here is the decision.

Expert opinions.

In this medical malpractice action, the expert is qualified to render an opinion notwithstanding that the expert is anonymous, pursuant to CPLR 3101[d][1][i], from out of state, pursuant to CPLR 2309[c], and does not purport to have worked at a New York ambulatory surgery center. 

Barahona v. Marcus, NY Slip Op 01731 (1st Dep't March 15, 2022)

Here is the decision.