Appellate practice.

The order appealed from is not appealable as of right because it was not made in an action and did not decide a motion made upon notice, pursuant to CPLR 5701[a][2].

Bartlett v. Tribeca Lending Corp., NY Slip Op 01668 (1st Dep't March 26, 2024)

Here is the decision.

"He is risen."

Vigil.

Stabat Mater.

"Quid est veritas?"

Spy Wednesday.

Contract law.

It is well-settled in New York that merger clauses preclude consideration of prior oral contracts regarding the same subject matter as the written agreement. 

Behler v. Kai-Shing Tao, NY Slip Op 01337 (1st Dep't March 14, 2024)

Here is the decision.

Appellate practice.

The defendant did not seek sanctions before the Supreme Court, and the Appellate Division declines to impose sanctions upon the plaintiffs relating to this appeal, pursuant to 22 NYCRR 130-1.1[c].

150A 30 St. Trust, Israel Grossman Trustee v. Barca Dev., LLC, NY Slip Op 01283 (2d Dep't March 13, 2024)

Here is the decision.

Palm Sunday.

Mandamus.

The extraordinary remedy of mandamus is available, in limited circumstances, only to compel the performance of a purely ministerial act which does not involve the exercise of official discretion or judgment, and only when there is a showing of a clear legal right to the relief.

Matter of Harper v. Neary, NY Slip Op 01176 (2d Dep't March 6, 2024)

Here is the decision.

Motions for leave to renew.

The motion is denied where the movant fails to establish a reasonable justification for not having offered the alleged new facts in the original moving papers.

Mollema v. Citigroup, Inc., NY Slip Op 01281 (1st Dep't March 12, 2024)

Here is the decision.