Suing John Doe

Pursuant to CPLR 1024, "[a] party who is ignorant, in whole or in part, of the name or identity of a person who may properly be made a party, may proceed against such person as an unknown party by designating so much of his name and identity as is known. If the name or remainder of the name becomes known all subsequent proceedings shall be taken under the true name and all prior proceedings shall be deemed amended accordingly." In order to be effective, a summons and complaint must describe the unknown party in such a manner that the John Doe would understand that he is the intended defendant by a reading of the papers. An insufficient description subjects the John Doe complaint to dismissal for being jurisdictionally defective. Parties may not resort to the John Doe procedure unless, prior to the running of the statute of limitations, they exercise due diligence to identify the defendant by name and, despite such efforts, are unable to do so. Any failure to exercise due diligence to ascertain the John Doe's name subjects the complaint to dismissal as to that party.

M.C.-B v. County of Suffolk, NY Slip Op 01758 (2d Dep't March 25, 2026)

Here is the decision.

"There you shall see him as He told you."

Watch Night

Stabat Mater

"Quid est veritas?"

Spy Wednesday

Appellate practice

Although the order is not appealable as of right, the Appellate Division deems the notice of appeal to be an application for leave to appeal, pursuant to CPLR 5701(c), and grants leave.

Robinson v. Redleaf Capital, LLC, NY Slip Op 01863 (1st Dep't March 26, 2026)

Here is the decision.

Spoliation

Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys key evidence, the responsible party may be sanctioned.  A party that seeks sanctions for spoliation must show that the party having control over the evidence was obliged to preserve it at the time of its destruction, that the evidence was destroyed with a culpable state of mind, and that the destroyed evidence was relevant to the party's claim or defense such that the trier of fact could find that the evidence would support that claim or defense. A culpable state of mind for purposes of a spoliation sanction includes ordinary negligence. However, in the absence of pending litigation or notice of a specific claim, a defendant should not be sanctioned for discarding items in good faith and pursuant to its normal business practices.

Atsaves v. El Caribe Caterers, LLC, NY Slip Op 01752 (2d Dep't March 25, 2026)

Here is the decision.

Palm Sunday

Motion practice

Because summary judgment is granted in favor of the moving defendants, the cross-claims against them for common-law indemnification and contribution are dismissed.

Rodriguez v. Madison Sec. Group, Inc., NY Slip Op 01869 (1st Dep't March 26, 2026)

Here is the decision.

Attorneys' fees

A reasonable attorney's fee is commonly understood to be a fee which represents the reasonable value of the services rendered. In determining the reasonable value of the legal services rendered, the court may consider a number of factors, including the time and labor required, the difficulty of the questions involved, and the skill required to handle the problems presented, the lawyer's experience, ability, and reputation, the customary fee charged for similar services, and the results obtained. While a hearing is not required in all circumstances, the court must possess sufficient information upon which to make an informed assessment of the reasonable value of the legal services rendered.

American Tr. Ins. Co. v. Barakat PT PC, NY Slip Op 01750 (2d Dep't March 25, 2026)

Here is the decision.