Real Property Law § 291

A bona fide buyer - one who buys land in good faith and for  valuable consideration - takes the property free and clear of any prior conveyance, encumbrance, or servitude of which, at the time of purchase, the buyer did not have actual or constructive notice.

Akasa Holdings, LLC v. 214 Lafayette House, LLC, NY Slip Op 06447 (1st Dep't September 3, 2019)

Here is the decision.

The New York City Human Rights Law.

The statute does not differentiate between sexual harassment and other forms of gender discrimination, but requires that sexual harassment be viewed as one species discrimination based on sex or gender.

Crookendale v. New York City Health & Hosps. Corp., NY Slip Op 06446 (1st Dep't September 3, 2019)

Here is the decision.

A slip and fall action.

An established reasonable cleaning routine precludes the imposition of liability. Where the incident occurs outside of the scheduled cleaning routine, the complaint will be dismissed if the plaintiff fails to raise a factual issue that the cleaning routine was manifestly unreasonable so as to require altering it.

Thomas v. Sere Hous. Dev. Fund Corp., NY Slip Op 06443 (1st Dep't September 3, 2019)

Here is the decision.

Appellate practice.

The Appellate Division will not consider an argument that raises factual issues that were not submitted to the motion court.

Mable v. 384 E. Assoc., LLC, NY Slip Op 06442 (1st Dep't September 3, 2019)

Here is the decision.

CPLR 78.

In order to annul an administrative law judge's determination made after a hearing directed by law at which evidence is taken, a court must conclude that the record lacks substantial evidence to support the determination.

Pepe v. New York State Dept. of Motor Vehicles, NY Slip Op 06397 (2d Dep't August 28, 2019)

Here is the decision.

General Municipal Law § 50-e(5).

Where there is an unexplained delay in seeking leave to serve a late notice of claim, the petitioner bears the initial burden of presenting some evidence or plausible argument that granting the petition would not substantially prejudice the City in maintaining its defense on the merits.

Galicia v. City of New York, NY Slip Op 06393 (2d Dep't August 28, 2019)

Here is the decision.

Triangle Shirtwaist Factory.

An incapacitated plaintiff.

An incapacitated person who has not been judicially declared incompetent may sue or be sued. The mere fact that the action is commenced before the plaintiff moves, pursuant to CPLR 1202, to be appointed guardian ad litem of the incapacitated person is not grounds for dismissal under CPLR 3211(a)(3). CPLR 1202(a) expressly states that a motion for the appointment of a guardian ad litem may be made "at any stage in the action."

Linghua Li v. Xiao, NY Slip Op 06388 (2d Dep't August 28, 2019)

Here is the decision.

A claim for prima facie tort.

The elements of the cause of action are 1) the intentional infliction of harm, (2) resulting in special damages, (3) without excuse or justification, (4) by an act or series of acts which otherwise are legal.

Garendean Realty Owner, LLC v. Lang, NY Slip Op 06381 (2d Dep't August 28, 2019)

Here is the decision.

CPLR 5015[a][1].

In order to vacate a default in appearing for oral argument, a party must demonstrate both a reasonable excuse for the failure to appear and a potentially meritorious cause of action. The motion to vacate is addressed to the sound discretion of the Supreme Court.

Ackerman v. Berkowitz, NY Slip Op 06375 (2d Dep't August 28, 2019)

Here is the decision.

Civil Rights Law § 74.

The allegedly defamatory statements that summarize or restate the allegations in judicial filings in a case related to plaintiff are not actionable.

Napoli v. New York Post, NY Slip Op 06371 (1st Dep't August 27, 2019)

Here is the decision.