Discovery.

It is within the motion court's discretion to determine whether to impose a discovery penalty and the nature of any penalty that may be imposed.

Huili Ma v. Hui Chen, NY Slip Op 01347 (1st Dep't March 14, 2024)

Here is the decision.

Appellate practice.

The order appealed from is not appealable as of right because it was not made in an action and did not decide a motion made upon notice, pursuant to CPLR 5701[a][2].

Bartlett v. Tribeca Lending Corp., NY Slip Op 01668 (1st Dep't March 26, 2024)

Here is the decision.

"He is risen."

Vigil.

Stabat Mater.

"Quid est veritas?"

Spy Wednesday.

Contract law.

It is well-settled in New York that merger clauses preclude consideration of prior oral contracts regarding the same subject matter as the written agreement. 

Behler v. Kai-Shing Tao, NY Slip Op 01337 (1st Dep't March 14, 2024)

Here is the decision.

Appellate practice.

The defendant did not seek sanctions before the Supreme Court, and the Appellate Division declines to impose sanctions upon the plaintiffs relating to this appeal, pursuant to 22 NYCRR 130-1.1[c].

150A 30 St. Trust, Israel Grossman Trustee v. Barca Dev., LLC, NY Slip Op 01283 (2d Dep't March 13, 2024)

Here is the decision.

Palm Sunday.

Mandamus.

The extraordinary remedy of mandamus is available, in limited circumstances, only to compel the performance of a purely ministerial act which does not involve the exercise of official discretion or judgment, and only when there is a showing of a clear legal right to the relief.

Matter of Harper v. Neary, NY Slip Op 01176 (2d Dep't March 6, 2024)

Here is the decision.