Spoliation.

Plaintiff was the victim of a home invasion of his apartment in a building owned and operated by defendants. Defendants' motion to dismiss is denied, and plaintiff's cross-motion is granted to the extent that it sought a negative inference charge as a result of defendants' spoliation of the building's surveillance footage. The fact that, in response to a subpoena, defendants provided a copy of the video to the New York City Police Department, which did not retain all the footage, did not obviate defendants' responsibility to preserve the evidence.

Cabrera-Perez v. Promesa Hous. Dev. Fund Corp., NY Slip Op 01338 (1st Dep't March 14, 2024)

Here is the decision.

Appellate practice.

As the amended judgment conformed in substance to an earlier judgment entered on consent, defendant-respondent is not an aggrieved party within the meaning of CPLR 5511, and, therefore, lacks standing to appeal. Defendant-respondent did not oppose the petition to confirm the arbitration award, and did not object to entry of the judgment or amended judgment. Any contention that the amended judgment varied from what the parties agreed upon should have been addressed through a motion to vacate the judgment.

Matter of Barclays Capital Inc. v. Carreras, NY Slip Op 01336 (1st Dep't March 14, 2024)

Here is the decision.

Motions for summary judgment.

The affirmation submitted in opposition to the motion must be deemed an effort to create a feigned issue of fact, in light of the affiant's prior contradictory deposition testimony.

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.

Disability discrimination claims.

A defendant will be granted summary judgment on a disability discrimination cause of action pursuant to New York City Human Rights Law where the plaintiff cannot point to any instances where similarly situated employees were treated differently. 

Rodriguez v. New York City Hous. Auth., NY Slip Op 01278 (1st Dep't March 12, 2024)

Here is the decision.

Discovery.

It is within the motion court's discretion to determine whether to impose a discovery penalty and the nature of any penalty that may be imposed.

Huili Ma v. Hui Chen, NY Slip Op 01347 (1st Dep't March 14, 2024)

Here is the decision.

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.