Objecting to discovery demands.

A party waives its right to object generally to the demands by failing to respond timely with the requisite particularity, pursuant to CPLR 3122[a][1].

Worldview Entertainment Holdings, Inc. v. Woodrow, NY Slip Op 02891 (1st Dep't April 28, 2022)

Here is the decision.

Confessions of judgment.

A person seeking to vacate a judgment entered upon the filing of an affidavit of confession of judgment must commence a separate plenary action.

Ace Funding Source, LLC v. St. Michael's Urgent Care of Hattiesburg, LLC, NY Slip Op 02773 (2d Dep't April 27, 2022)

Here is the decision.

Claims under the New York City Human Rights Law.

Claims under the New York City Human Rights Law must be analyzed separately and independently from claims under the federal and New York State Human Rights Laws, because of the uniquely broad and remedial purposes of the City's statute.

Russell v. New York Univ., NY Slip Op 02765 (1st Dep't April 26, 2022)

Here is the decision.

A Judiciary Law § 487 claim.

The claim is dismissed because the plaintiff does not allege the essential elements of a cause of action under the statute, namely, intentional deceit and damages proximately caused thereby. The plaintiff's conclusory allegations do not support a showing of the defendant's attorney's egregious conduct or a chronic and extreme pattern of behavior that caused damages to the plaintiff. The allegations do not amount to acts of deceit, as the attorney's statements, which consist mainly of simple advocacy, do not give rise to an inference that there was an intent to deceive.

Nehmadi v. Claude Castro & Assoc. PLLC, NY Slip Op 02629 (1st Dep't April 21, 2022)

Here is the decision.

Serving a notice of claim on a public corporation.

The time to serve the notice cannot be extended beyond the time limited for commencement of the action. Therefore, the court lacks authority to grant a motion for leave to serve a late notice of claim made more than one year and 90 days after the cause of action accrued, unless the statute of limitations has been tolled. CPLR 204(a) tolls the limitations period while a motion to serve a late notice of claim is pending. Where a court declines to sign an initial order to show cause for leave to serve a late notice of claim on procedural grounds, but a subsequent application is granted, the period of time in which the earlier application was pending is also excluded from the limitations period.

Ahmed v. New York City Health & Hosp. Corp., NY Slip Op 02521 (2d Dep't April 20, 2022)

Here is the decision.

Appellate practice.

No appeal lies from an order entered on default, pursuant to CPLR 5511. However, the denial of the father's request for an adjournment on a hearing on his petition is appealable because that request was the subject of the underlying dispute.

Matter of Darlene H. v. Abdus R., NY Slip Op 02639 (1st Dep't April 21, 2022)

Here is the decision.

CPLR 217[1].

The petition seeking to vacate a tax assessment and lien on petitioners' property, brought pursuant to CPLR article 78, is denied. The petition is untimely, as it was filed well over four months after the charges became final, and petitioners establish no basis for tolling the statute of limitations.

Matter of Wahid v. New York City Dept. of Fin., NY Slip Op 02647 (1st Dep't April 21, 2022)

Here is the decision.

Dismissed declaratory judgment claims.

A plaintiff may not seek a declaratory judgment when other remedies, such as monetary damages, are available.

Uber Tech., Inc. v. American Arbitration Assn., Inc., NY Slip Op 02503 (1st Dep't April 14, 2022)

Here is the decision.

Affidavits in support of summary judgment.

A conclusory affidavit or an affidavit by a person without personal knowledge of the facts stated therein does not establish the proponent's prima facie burden on a motion for summary judgment.

Beauvoir v. Samuel, NY Slip Op 02385 (2d Dep't April 13, 2022)

Here is the decision.

CPLR 3121(a).

The statute provides that where a party's physical condition is in controversy, "any party may serve notice on another party to submit to a physical . . . examination by a designated physician." There is no statutory restriction on the number of medical examinations. However, a defendant seeking an additional medical examination must demonstrate that it is necessary. A plaintiff may challenge a defendant's choice of an examining physician based upon a claim of bias against the plaintiff or plaintiff's counsel, or prejudice against the plaintiff if the physician is allowed to testify at trial.

Abdelfattah v. Trevicano, NY Slip Op 02383 (2d Dep't April 13, 2022)

Here is the decision.

Arbitrability.

Unless the parties clearly and unmistakably provide otherwise, the court, not the arbitrator, will decide whether a dispute is arbitrable. An arbitration clause's reference to the American Arbitration Association rules is not clear and unmistakable evidence of the parties' intent to have an arbitrator decide the issue of arbitrability. A party cannot be compelled to arbitrate matters not covered by the arbitration clause.

ALP, Inc. v. Moskowitz, NY Slip Op 02355 (1st Dep't April 12, 2022)

Here is the decision.