Judicial estoppel.

Under the doctrine of judicial estoppel, a party who has assumed a certain position in a prior legal proceeding and secured a judgment that endorses the position is precluded from taking a contrary position in another legal proceeding simply because the party's interests have changed.

Wilmington Trust, N.A. v. Kamal, NY Slip Op 02622 (2d Dep't April 30, 2025)

Here is the decision.

Vacatur.

The enumerated categories for vacatur of a judgment pursuant to CPLR 5015(a) are not exhaustive, and courts have the common-law power to grant relief from a judgment in the interest of justice.

Matter of Anderson Ave. Assoc., L.P. v. Fuller, NY Slip Op 02640 (1st Dep't May 1, 2025)

Here is the decision.

CPLR 205,

After the first action was dismissed for plaintiff's lack of capacity to sue, CPLR 205(a) provided a six-month extension of time to commence an action by a proper party. The motion to dismiss the complaint as untimely is denied.

Zak v. Bronx Park Phase I Preserv., LLC, NY Slip Op 02561 (1st Dep't April 29, 2025)

Here is the decision.

Traffic law.

A vehicle operator with the right-of-way may anticipate that other operators will yield, in compliance with the Vehicle and Traffic Law. However, drivers with the right-of-way may be found to have proximately caused the accident if they did not use reasonable care to avoid it.

Bender v. East End Bus Lines, Inc., NY Slip Op 02305 (2d Dep't April 23, 2025)

Here is the decision.

Arbitration.

Undoing an award on the ground that the arbitrator exceeded his power requires a finding that the award violates public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power, pursuant to CPLR 7511[b].

Pincus v. Motulsky, NY Slip Op 02425 (1st Dep't April 24, 2025)

Here is the decision.

Leave to renew.

The Supreme Court properly denied the defendant's cross-motion for leave to renew her opposition to those branches of the plaintiff's prior motion which were for summary judgment on the complaint insofar as asserted against her and for an order of reference, since the defendant failed to demonstrate that there had been a change in the law that would have altered the prior determination, pursuant to CPLR 2221[e].

Bank of Am. N.A. v. Bente, NY Slip Op 02304 (2d Dep't April 23, 2025)

Here is the decision.

Abuse of process.

The mere commencement of an action is not an abuse of process.

Sharp v. Bar Fluid, LLC, NY Slip Op 02429 (1st Dep't April 24, 2025)

Here is the decision.

Discovery.

After the note of issue is filed, further discovery will be permitted if the defendant demonstrates unusual or unanticipated circumstances subsequent to the filing, pursuant to 22 NYCRR 202.21[d].

Armor v. 501 EMR, LLC, NY Slip Op 02302 (2d Dep't April 23, 2025)

Here is the decision.

Contract law.

A contract is to be construed in accordance with the parties' intent, which is discerned from the four corners of the document itself. Consequently, a written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms.

Albert  v. Afanador, NY Slip Op 02301 (2d Dep't April 23, 2025)

Here is the decision.

Moving for default judgment.

Plaintiff was not entitled to a default judgment, as it failed to take any action for entry of the judgment within one year after default, as required by CPLR 3215(c).

371-381 PAS Assoc., LLC v. Moss & Moss LLP, NY Slip Op 02295 (1st Dep't April 22, 2025)

Here is the decision.

Vacating a default judgment.

Defendant's affidavit denying notice of the defect that allegedly caused plaintiff's injury shows a meritorious defense as to the motion to vacate the default judgment, given the preference for determining actions on the merits.

Corley v. 337 W. 138 St. Holdings, LLC, NY Slip Op 02298 (1st Dep't April 22, 2025)

Here is the decision.