Where an appeal is perfected by the appendix method, the appendix must contain all the relevant portions of the record in order to enable the court to render an informed decision on the merits of the appeal, pursuant to CPLR 5528[a][5] and 22 NYCRR 1250.7[d][1]. Here, the appendix does not include the complete transcript of the hearing held before the Supreme Court. The appeal is dismissed.
Connolly v. Nina, NY Slip Op 03551 (2d Dep't June 11, 2025)
It is well settled, as a matter of law, that the MTA's functions regarding public transportation are limited to financing and planning, and do not include the operation, maintenance, and control of any facility. The MTA is not vicariously liable for the torts of its subsidiaries such as MTA Bus Company. The MTA and its subsidiaries are not responsible for each other's torts, and they must be sued separately.
Chen v. Metropolitan Tr. Auth., NY Slip Op 03301 (2d Dep't June 4, 2025)
An express grant of easement is not extinguished merely because the necessity for the easement ceases, or through mere non-use. Once an easement is created by grant, it can be extinguished only by abandonment, conveyance, condemnation, or adverse possession. In order to prove abandonment, there must be both the intention to abandon and also some overt act or failure to act which implies that the owner neither claims nor retains any interest in the easement. The acts relied upon must be unequivocal, and must clearly demonstrate the owner's intention to permanently relinquish all rights to the easement.
Carp v. Shapiro, NY Slip Op 03300 (2d Dep't June 4, 2025)
Clear, complete, and unambiguous contractual terms are to be enforced according to their plain meaning. A determination of unconscionability requires a showing that the contract, when made, was both procedurally and substantively unconscionable. Equity will not relieve a party of its obligations under a contract merely because subsequently, with the benefit of hindsight, it appears to have been a bad bargain.
McCann v. Ship Wrecked Bar & Grill, Inc., NY Slip Op 03388 (1st Dep't June 5, 2025)
Generally, the death of a party divests a court of jurisdiction to act, and automatically stays proceedings in the action pending the substitution of a personal representative for the decedent. However, where a party's death does not affect the merits of a case, there is no need for strict adherence to the requirement that the proceedings be stayed pending substitution.
Bethpage Fed. Credit Union v. Hughes, NY Slip Op 03298 (2d Dep't June 4, 2025)
Under CPLR 4319, a referee's decision on a reference to hear and determine "shall stand as the decision of a court."
Real World Holdings, LLC v. 393 W. Broadway Corp., NY Slip Op 03394 (1st Dep't June 5, 2025)
Once the plaintiff served the amended complaint, the original complaint was superseded, and the amended complaint became the only complaint in the action. The court must proceed as though the original pleading had never been served.
Zaiger, LLC v. Bucher Law, PLLC, NY Slip Op 03268 (1st Dep't May 28, 2025)
A plaintiff alleging discrimination under the New York State Human Rights Law must establish: (1) membership in a protected class; (2) qualification to hold the position; (3) an adverse employment action; and (4) that the adverse action occurred under circumstances giving rise to an inference of discrimination. A plaintiff may raise such an inference by showing less favorable treatment by comparison to similarly situated employees outside the protected group. The "similarly situated" standard does not require identical circumstances, but the circumstances must be similar in significant respects.
Castro v. City Univ. of N.Y., NY Slip Op 03175 (2d Dep't May 28, 2025)
A motion for summary judgment may not be made before issue is joined and the requirement is strictly adhered to.
Brooklyn Bound Realty Corp. v. Charles, NY Slip Op 03174 (2d Dep't May 28, 2025)
