A failed claim of civil conspiracy.

The claim must be dismissed because there is no cause of action for conspiracy to commit a tort.

ALP, Inc. v. Moskowitz, NY Slip Op 02355 (1st Dep't April 12, 2022)

Here is the decision.

Post-judgment motions.

One year after the judgment of divorce ended the matrimonial action, the stipulation of settlement of a post-judgment motion was so-ordered. That stipulation was not part of the judgment, but was an independent contract which could not be incorporated into the judgment. Because the court did not retain the power to exercise supervisory control over the action, a plenary action is necessary to enforce the stipulation.

DeGiovine v. Kaufmann, NY Slip Op 02250 (2d Dep't April 6, 2022)

Here is the decision.

"The tomb is empty."

 

Triduum: Dies irae, dies illa.

Triduum: Stabat Mater dolorosa.

Triduum: "Quid est veritas?"

Spy Wednesday.

Summary judgment in a medical malpractice action.

Summary judgment is not appropriate where the parties submit conflicting medical expert opinions.

Buch v. Tenner, NY Slip Op 02247 (2d Dep't April 6, 2022)

Here is the decision.

An effective stipulation.

A stipulation is generally binding on parties that have legal capacity to negotiate, freely negotiate their agreement, and either reduce their stipulation to a properly subscribed writing or enter the stipulation orally, on the record, in open court.

Cenpark Realty, LLC v. Gurin, NY Slip Op 02335 (1st Dep't April 7, 2022)

Here is the decision.

Appellate practice.

The Appellate Division may consider new arguments raised for the first time on appeal, as long as the issue is determinative and the record on appeal is sufficient to permit its review.

Stile v. C-Air Customhouse Brokers-Forwards, Inc., NY Slip Op 02244 (1st Dep't April 5, 2022)

Here is the decision.

A dismissed claim for conversion.

In order to survive the motion to dismiss, the claim cannot be predicated on a mere breach of contract.

Stile v. C-Air Customhouse Brokers-Forwards, Inc., NY Slip Op 02244 (1st Dep't April 5, 2022)

Here is the decision.