Motion practice.

Practice point: The construction of foreign law is a legal question appropriate for summary resolution.

Students should note that such a motion can be based on expert affidavits interpreting the relevant legal provisions.

Case: Gusinsky v. Genger, NY Slip Op 04931 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Torts.

Practice point: In the case of a rear-end collision, the owner and operator of the front vehicle are entitled to summary judgment on liability unless the following vehicle's driver offers a non-negligent explanation.

Students should note that depositions are not needed since the opponents of the motion had personal knowledge of the facts, pursuant to CPLR 3212[f]).

Case: Avant v. Cepin Livery Corp., NY Slip Op 04924 (1st Dept. 2010)

Here is the opinion.

Monday's issue: Motion practice.

Motion practice.

Practice point: Once a medical malpractice defendant has established the absence of any departure from good and accepted practice, plaintiff must submit a physician's affidavit attesting to such a departure and opining that it was a causal competent in the injury.

Students should note that an expert's affidavit containing bare conclusory assertions is insufficient to defeat summary judgment.

Case: Bacani v. Rosenberg, NY Slip Op 04919 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Torts.

Motion practice.

Practice point: Pursuant to CPLR 5015(a), the court which rendered a judgment or order may relieve a party from it upon such terms as may be just.

Students should note that a claim of financial distress is likely insufficient to justify the exercise of this discretionary power.

Case: Katz v. Marra, NY Slip Op 04957 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Corporations.

Practice point: A limited liability company's organizer is a fiduciary of the investors it solicits to become members, pursuant to Limited Liability Company Law § 203[a][iii]).

Students should note that the fiduciary duty includes the obligation to disclose any interests that might affect the company and its members, including profits that the promoter makes from organizing the company.

Case: Roni LLC v. Arfa, NY Slip Op 04700 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Motion practice.

Practice point: A plaintiff may seek leave to enter a default judgment when a defendant has failed to appear within the time required, pursuant to CPLR 3215(a).

Students should note that there is no requirement, statutory or otherwise, that an answer must be filed with the clerk in order for a defendant to appear in an action.

Case: Goonan v. New York City Transit Authority, NY Slip Op 04742 (2d Dept. 2010)

Here is the opinion

Tomorrow's issue: Corporations.

Conracts.

Practice point: Generally, a contractual provision absolving a party from its own negligence or limiting its liability is enforceable.

Students should note, however, that, as a matter of public policy, a contracting party may not insulate itself from damages caused by grossly negligent conduct.

Case: Goldstein v. Carnell Associates, Inc., NY Slip Op 04741 (2d Dept. 2010)

Here is the opinion.

Monday's issue: Motion practice.

Trusts and Estates.

Practice point: If the signature on a power of attorney is forged, the document executed by the purported attorney-in-fact is void.

Students should note that if a document purportedly conveying a property interest is void, it conveys nothing, and a subsequent bona fide purchaser receives nothing.

Case: First Natl. Bank of Nev. v. Williams, NY Slip Op 04737 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Contracts.

Motion practice.

Practice point: Pursuant to CPLR 3211(b), a party may move to dismiss a defense on the ground that a defense is not stated, or that it has no merit..

Students should note that an agent who signs on behalf of a principal, without disclosing the principal's identity or legal status, may be held individually liable on the contract.

Case: Courthouse Corporate Ctr. LLC v. Schulman, NY Slip Op 04728 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Trusts and Estates.

Statutes of limitations.

Practice point: The time period for fraud is the greater of six years from the cause of action's accrual, or two years from the time the plaintiff discovered, or could have discovered, the fraud, pursuant to CPLR 213[8].

Students should note that an action alleging unjust enrichment and seeking a constructive trust must be commenced within six years of the wrongful act giving rise to a duty of restitution.

Case: Coombs v. Jervier, NY Slip Op 04727 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Products liability.

Practice point: A party injured as a result of a defective product may seek relief against the product manufacturer or others in the chain of distribution.

Students should note that a product may be defective because of a mistake in the manufacturing process; because of a defective design; or because the manufacturer failed to provide adequate warnings regarding the product's use.

Case: Rabon-Willimack v. Robert Mondavi Corp., NY Slip Op 04354 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Statutes of limitation.