Appellate practice.

As the plaintiff's contentions relate to motions previously decided in two orders, and he did not file a notice of appeal from either of those orders, his contentions are not properly before the Appellate Division, pursuant to CPLR 5515.

Kelsey v. Anonymous #2, NY Slip Op 04773 (2d Dep't August 27, 2025)

Here is the decision.

Contract law.

Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party. However, there are three exceptions to the general rule: (1) where the contracting party, in failing to exercise reasonable care in the performance of its duties, launches a force or instrument of harm; (2) where the plaintiff detrimentally relies on the continued performance of the contracting party's duties; and (3) where the contracting party has entirely displaced the other party's duty to maintain the premises safely. Where the pleadings do not allege facts which establish the applicability of an exception, a defendant is not required to affirmatively demonstrate that the exceptions do not apply in order to establish its prima facie entitlement to judgment as a matter of law.

Kapoian-Trapani v. City of New York, NY Slip Op 04772 (2d Dep't August 27, 2025)

Here is the decision.

Legal malpractice.

A party may plead a cause of action alleging legal malpractice where the defendant drafted a usurious loan document that is not excepted from the usury laws.

Salamone v. Deily & Glastetter, LLP, NY Slip Op 04846 (1st Dep't September 4, 2025)

Here is the decision.

Preclusion.

Plaintiff raises issues that were or could have been litigated in an earlier action, and so he is precluded from relitigating them in this action.

Hall v. Deutsche Bank Natl. Trust Co., NY Slip Op 04768 (2d Dep't August 27, 2025)

Here is the decision.

Summary judgment.

The mere hope that, during discovery, evidence sufficient to defeat a motion for summary judgment may be uncovered is not enough to deny the motion as premature.

Wilson v. Tillman, NY Slip Op 04819 (1st Dep't August 28, 2025)

Here is the decision.

Contract law.

A so-ordered stipulation is a contract between the parties thereto and, as such, is binding on them and will be construed in accordance with contract principles and the parties' intent. When an agreement between parties is clear and unambiguous on its face, it will be enforced according to its terms and without resort to extrinsic evidence.

Gounder v Melrose Credit Union, NY Slip Op 04766 (2d Dep't August 27, 2025)

Here is the decision.

Vacating a default.

Pursuant to CPLR 5015(a), a party seeking to vacate a default in opposing a motion must offer a reasonable excuse and a potentially meritorious opposition.

Gounder v. Melrose Credit Union, NY Slip Op 04766 (2d Dep't August 27, 2025)

Here is the decision.

Premises liability.

A defendant seeking dismissal on the basis of a trivial defect must make a prima facie showing that the defect is physically insignificant and does not increase any risk it poses. Only then does the burden shift to the plaintiff to establish an issue of fact. The issue of whether a dangerous or defective condition exists depends on the facts of each case and generally is a question of fact for the jury. There is no minimal dimension test or per se rule that the condition must be of a certain height or depth in order to be actionable. In determining whether a defect is trivial, the court must examine the width, depth, elevation, irregularity, and appearance of the defect, as well as the time, place, and circumstance of the injury.

Photographs which fairly and accurately represent the accident site may be used to establish that a defect is trivial and not actionable. A defendant may establish, prima facie, that an alleged defect was trivial as a matter of law and, thus, not actionable, even without submitting an objective measurement of the alleged defect's dimensions.  However, a defendant moving for summary judgment who does not submit an objective measurement of the alleged defect has greater difficulty and often fails to demonstrate triviality as a matter of law.

Genutis v. 555 Dekalb Ave., LLC, NY Slip Op 04765 (2d Dep't August 27, 2025)

Here is the decision.

Leave to renew.

A motion for leave to renew must be based on new facts not offered on the prior motion that would change the prior determination, and it must offer reasonable justification for the failure to present the facts on the prior motion, pursuant to CPLR 2221[e][2], [3].  Leave to renew is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation.

Esteban v. Dubuisson, NY Slip Op 04763 (2d Dep't August 27, 2025)

Here is the decision.

Alter ego liability.

In seeking to hold a parent corporation liable for its alter ego's actions, a plaintiff must show that the corporation exercised complete domination and control of the action, and committed a fraud or wrong, causing injury to the plaintiff.

Rich v. J.A. Madison, LLC, NY Slip Op 04818 (1st Dep't August 28, 2025)

Here is the decision.

Sanctions for frivolous conduct.

Pursuant to 22 NYCRR 130-1.1, a court, in its discretion, may impose sanctions against a party for frivolous conduct.  Conduct is considered frivolous if it is completely without merit in law or fact and cannot be supported by a reasonable argument for the extension, modification, or reversal of existing law; undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or asserts material factual statements that are false.

DeSimone v. Northport-East Northport Union Free Sch. Dist., NY Slip Op 04762 (2d Dep't August 27, 2025)

Here is the decision.