Leave to renew.

A motion for leave to renew requires a change in the law that would change the prior determination. A clarification of the decisional law is sufficient to support renewal.

Bank of Am. N.A. v. Levada, NY Slip Op 05056 (2d Dep't September 24, 2025)

Here is the decision.

Striking a pleading.

Plaintiff's motion to strike the answer is denied because counsel's affirmation of good faith is insufficient. Counsel states only perfunctorily that defendants failed to comply with four court orders for a deposition and that he contacted defendants on a certain date to confirm the deposition. Counsel fails to attest that he conducted an in-person or telephonic conference, as required by 22 NYCRR 202.20-f(b).

Servan v. ES Bldrs. Group, LLC, NY Slip Op 05184 (1st Dep't September 25, 2025)

Here is the decision.

Contract law.

An agent executing a contract on behalf of a disclosed principal is not liable for breach in the absence of clear and explicit evidence of the agent's intention to assume personal liability.

166-20 Union Turnpike, LLC v. Tavak, LLC, NY Slip Op05054 (2d Dep't September 24, 2025)

Here is the decision.

Personal jurisdiction.

A court may exercise personal jurisdiction over a non-domiciliary who, in person or through an agent,  transacts any business within the State, pursuant to CPLR 302(a)(1). The statute requires purposeful activities, that is, those with which a defendant, through volitional acts, avails itself of the privilege of conducting activities within the State, thus invoking the benefits and protections of its laws.

McGuire v. Roman Catholic Bishop of Springfield, NY Slip Op 05154 (1st Dep't September 25, 2025)

Here is the decision.

Appellate practice.

The Appellate Division will not decide an issue based on a position that was not argued, either on appeal or below. Resolving disputes in such a manner would be impractical and an obstacle to the orderly administration of justice. While dispositive legal arguments may be raised for the first time on appeal, the arguments must actually be raised.

938 St. Nicholas Ave. Lender LLC v. 936-938 Cliffcrest Hous. Dev. Fund Corp., NY Slip Op 05052 (1st Dep't September 23, 2025)

Here is the decision.

Summary judgment.

It is well settled that a court's role in deciding a motion for summary judgment is issue finding, not issue determination. Moreover, in deciding the motion, it is not the court's function to assess credibility. Here, the parties' conflicting versions of how the accident occurred preclude summary judgment.

Wachtel v. Alan Joel Communications, Inc., NY Slip Op 05053 (1st Dep't September 23, 2025)

Here is the decision.

Quantum meruit.

Quantum meruit may be pleaded in the alternative where there is a bona fide dispute as to whether there is a contract, or where the contract does not cover the dispute in issue.

Kliger-Weiss Infosystems, Inc. v. Darien Sport Shop, Inc., NY Slip Op 04981 (2d Dep't September 17, 2025)

Here is the decision.

Vacating a default.

The court may accept a detailed claim of law office failure as a reasonable excuse for a default, but mere neglect is insufficient.

Feng Li v. Changeling Xue, NY Slip Op 04979 (2d Dep't September 17, 2025)

Here is the decision.

Employment law.

A plaintiff alleging discrimination by a public employer may proceed pursuant to article 78 or by plenary action. As a department of the City, the NYPD is not a separate legal entity amenable to suit.

Farah v. City of New York, NY Slip Op 04978 (2d Dep't September 17, 2025)

Here is the decision.

Civil contempt.

In order to sustain a finding of civil contempt under Judiciary Law § 753, it is necessary to establish that a lawful court order clearly expressing an unequivocal mandate was in effect, that the person alleged to have violated the order had actual knowledge of its terms, and that the violation has defeated, impaired, impeded, or prejudiced the rights of a party. The aim of civil contempt is to vindicate a party's right to the benefits of a judicial mandate or to compensate that party for the interference by the contemnor. The party seeking a finding of contempt bears the burden of proving its elements by clear and convincing evidence.

Deutsche Bank Natl. Trust Co. v. Raimo, NY Slip Op 04976 (2d Dep't September 17, 2025)

Here is the decision.

Severance.

It is within a trial court's discretion to grant the severance of a third-party's claim, but the discretion should be exercised sparingly. The statute is CPLR 1010.

Carvajal v. Alcaide, NY Slip Op 04973 (2d Dep't September 17, 2025)

Here is the decision.