CPLR 3016[a].

Defamation is not pled with the requisite particularity where the complaint fails to state whether the utterances were verbal or written, the specific time and location at which the utterances were made, and, most critically, the identity of even a single person who allegedly heard the offending utterances.

Vertical Sys. Analysis, Inc. v. Balzano, NY Slip Op 03138 (1st Dep't April 25, 2019)

Here is the decision.

The Court of Claims.

The Court of Claims has exclusive jurisdiction over actions for money damages against State agencies, departments, officials, and employees acting in their official capacity in the exercise of governmental functions.

Byvalets v. State of New York, NY Slip Op 03021 (2d Dep't April 24, 2019)

Here is the decision.

A Noseworthy charge.

As a result of the accident, the plaintiff is confined to a hospital bed and unable to speak, and so there will be a jury charge under the Noseworthy doctrine, which permits a plaintiff to prevail on a lesser degree of proof.

G.G.N. v. Ramos, NY Slip Op 03137 (1st Dep't April 15, 2019)

Here is the decision.

A claim for contractual indemnification.

The claim will be denied where the entity is neither named as an owner in the indemnification agreement nor a third-party beneficiary of the agreement.

Benitez v. Church of St. Valentine Williamsbridge N.Y., NY Slip Op 02990 (1st Dep't April 23, 2019)

Here is the decision.

A dismissed fraud claim.

The element of reliance is insufficiently pled where the plaintiff had the means to discover the true nature of the transaction by the exercise of ordinary intelligence, and failed to make use of those means.

Rubin v. Sabharwal, NY Slip Op 02975 (1st Dep't April 23, 2019)

Here is the decision.

Voidable contracts.

A contract is voidable on the ground of duress and coercion where the party making the claim was forced to agree to it by means of a wrongful threat precluding the exercise of free will.  Generalized contentions that a party felt pressured are insufficient. As a matter of law, the exercise or threatened exercise of a legal right is not duress.

Shah v. Mitra, NY Slip Op 02739 (2d Dep't April 10, 2019)

Here is the decision.

A fee dispute between attorneys.

The outgoing attorney may elect either immediate compensation based on quantum meruit for the reasonable value of the services rendered, or a contingent percentage fee to be determined at the conclusion of the litigation.

Rodriguez v. Ryder Truck Rental, Inc., NY Slip Op 02735 (2d Dep't April 10, 2019)

Here is the decision.

CPLR 302(a)(1).

A plaintiff's allegations that the defendant transacts business in New York and that the claims arise directly out of that business are sufficient to support a finding of personal jurisdiction.

ExpresSpa Holdings, LLC v. Cordial Endeavor Concessions of Atlanta, LLC, NY Slip Op 02792 (1st Dep't April 11, 2019)

Here is the decision.

A dismissed claim for injunctive relief.

Where a plaintiff's substantive claims are dismissed, its claim for injunctive relief must likewise be dismissed, as it does not constitute an independent cause of action.

Calderon v. Kenga Roo Realty LLC, NY Slip Op 02794 (1st Dep't April 11, 2019)

Here is the decision.

"He is not here. He is risen."

Dies irae, dies illa.

Stabat Mater dolorosa.

"Quid est veritas?"

Spy Wednesday.

The trimmed lamps.

The fig tree.

The procession with palms.

A dismissed defamation claim.

The statements are not actionable where the plaintiff fails to set forth the exact words complained of, and the time, place, and manner of the purported defamation.

Offor v. Mercy Med. Ctr., NY Slip Op 02663 (1st Dep't April 9, 2019)

Here is the decision.

Statutes of limitations.

Parties may contract for shorter limitations periods than those provided by statute, as long as the contractual limitations period is reasonable and in writing.

Jonas v. National Life Ins. Co., NY Slip Op 02662 (1st Dep't April 9, 2019)

Here is the decision.

1970.

CPLR 5701(a)(2).

No appeal lies from that portion of the trial court's order declining to sign a specific paragraph in an order to show cause.

Sitbon-Robson v. Robson, NY Slip Op 02625 (1st Dep't April 4, 2019)

Here is the decision.

CPLR 2221.

A subsequent motion that does not present any facts that had not been raised in the prior motion is effectively a motion for leave to reargue, the denial of which is not appealable.

Clampa Org., LLC v. Vergara, NY Slip Op 02495 (2d Dep't April 3, 2019)

Here is the decision.

A time-barred defamation claim.

The one-year statute of limitations, pursuant to CPLR 215(3), generally accrues on the date of the first publication of the allegedly defamatory statement. A reference to an article that does not restate the defamatory material is not a republication of the material.

Biro v. Conde Nast, NY Slip Op 02615 (1st Dep't April 4, 2019)

Here is the decision.

The doctrine of incorporation by reference.

The doctrine may be appropriately invoked only where the document to be incorporated is referred to and described in the instrument as issued so as to identify the referenced document beyond all reasonable doubt.

Von Ancken v. 7 E. 14 LLC, NY Slip Op 02608 (1st Dep't April 4, 2019)

Here is the decision.

CPLR 2201.

Pursuant to the statute, a court has broad discretion to grant a stay in order to avoid the risk of inconsistent adjudications, application of proof, and potential waste of judicial resources.

Chaplin v. National Grid, NY Slip Op 02493 (2d Dep't April 3, 2019)

Here is the decision.

CPLR 3212(b) and 4518(a).

Summary judgment may not be granted on the basis of affidavits that are not based on personal knowledge and documents that are not authenticated.

Clarke v. American Truck & Trailer, Inc., NY Slip Op 02448 (1st Dep't April 2, 019)

Here is the decision.

CPLR 203(f).

A claim asserted in an amended pleading is deemed to have been interposed at the time the claims in the original pleading were interposed, unless the original pleading does not give notice of the transactions, occurrences, or series of transactions or occurrences to be proved in the amended pleading.

Catnap, LLC v. Cammeby's Mgt. Co., LLC, NY Slip Op 02309 (2d Dep't March 27, 2019)

Here is the decision.

Collateral estoppel.

A defendant is precluded from relitigating the sufficiency of the claim if it had a full and fair opportunity to litigate the issue when the plaintiff moved to amend the complaint and assert the claim.

Vaca v. Village View Hous. Corp., NY Slip Op 02420 (1st Dep't March 28, 2019)

Here is the decision.

Dismissal of a defamation claim.

In order to withstand dismissal, a public figure-plaintiff must allege that the defendant published the statements at issue with actual malice, that is, with either knowledge that they were false, or reckless disregard for the truth.

Winklevoss v. Steinberg, NY Slip Op 02419 (1st Dep't March 28, 2019)

Here is the decision.

A physician's duty of care.

The duty of general care is limited to those medical functions undertaken by the physician and relied on by the patient. The patient's surgeon does not owe a duty to manage medications administered in the ICU, and may rely on the ICU staff and other specialists to treat and manage the patient's non-surgical issues.

O'Toole v. Goodman, NY Slip Op 02415 (1st Dep't March 28, 2019)

Here is the decision.