Statutory remedies.

Where a statute creates a right and prescribes a remedy for its violation, that remedy is exclusive, and neither an action for damages nor for an injunction can be maintained. Civil Rights Law § 41 prescribes a monetary remedy for violations of Civil Rights Law § 40-b, and so plaintiffs are limited to that remedy. The motion court cannot issue a preliminary injunction.

Hutcher v. Madison Sq. Garden Entertainment Corp., NY Slip Op 01646 (1st Dep't March 28, 2023)

Here is the decision.

Amending the bill of particulars.

 The court may properly exercise its discretion in permitting a plaintiff to amend the bill of particulars before the filing of the note of issue where there is no prejudice or surprise to defendant and the amendment is not palpably insufficient or devoid of merit. 

Miah v. Pipe Dreams Realty V Corp., NY Slip Op 01649 (1st Dep't March 28, 2023)

Here is the decision.

Vigil.

Stabat Mater.

"Quid est veritas?"

Spy Wednesday.

Reformation of a contract.

There is a presumption that the contract's language embodies the parties' true intent, but when a party shows by clear and convincing evidence that the writing memorialized in an agreement is at variance with the parties' intent, reformation will be granted.

Empery Asset Master, Ltd. v. AIT Therapeutics, Inc., NY Slip Op 01585 (1st Dep't March 23, 2023)

Here is the decision.

Challenging a cooperative board's decisions.

A petition to annul the board's decision will be denied if the decision was made in furtherance of a legitimate corporate purpose and was not arbitrary and capricious or an abuse of discretion, pursuant to CPLR 7803[3]. In addition, absent bad faith or discrimination, the board's decision is protected by the business judgment rule.

Matter of McCabe v. 511 W. 232nd Owners Corp., NY Slip Op 01592 (1st Dep't March 23, 2023)

Here is the decision.

Personal jurisdiction.

A defendant may waive the issue of lack of personal jurisdiction by appearing in an action, either formally or informally, without raising the defense of lack of personal jurisdiction in an answer or pre-answer motion to dismiss. A defendant may appear in an action where counsel communicates a clear intent to participate by actively litigating the action or participating in the lawsuit on the merits.

HSBC Bank USA, N.A. v. Whitelock, NY Slip Op 01500 (2d Dep't March 22, 2023)

Here is the decision.

Injunction claims.

The claim will be dismissed where the plaintiff has an available remedy at law that would furnish plain and adequate relief. 

Salitsky v. D'Attanasio, NY Slip Op 01597 (1st Dep't March 23, 2023)

Here is the decision.