Motion practice.

Practice point: A court may consider affidavits and other evidence to remedy defects in a complaint.

Students should note that inconsistent causes of action may be pleaded in the alternative, pursuant to CPLR 3014.

Case: Costello v. Verizon N.Y., Inc., NY Slip Op 06562 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Torts.

Ethics.

Practice point: Sanctions for the filing of frivolous actions generally range from censure to a one-year suspension.

Students should note that a lawyer cannot knowingly advance a claim or defense that is unwarranted under existing law, unless it can be supported by a good faith argument for an extension, modification, or reversal of the law.

Case: Matter of Chiofalo, NY Slip Op 06555 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Insurance Law.

Practice point: The insurer has a duty to defend when the complaint's allegations suggest a reasonable possibility of coverage, or where the insurer has actual knowledge of facts establishing a reasonable possibility.

Students should note that an ambiguity in an exclusionary clause will be construed most strongly against the insurer.

Case: DMP Contr. Corp. v. Essex Ins. Co., NY Slip Op 06548 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Ethics.

Ethics.

Practice point: Failure to appear at a disciplinary hearing before the Referee results in the charges being deemed admitted, pursuant to 22 NYCRR 605.12(c) (4).

Students should note that, after a suspension, the continued practice of law constitutes a misdemeanor under Judiciary Law § 486.

Case: Matter of McLain-Sewer, NY Slip Op 06543 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Insurance Law.

Real Estate Law.

Real Estate Law.

Practice point: The owner of waterway uplands has riparian rights, including reasonable access to the water.

Students should note that these rights are limited to the waters in front of the owner's property, and do not extend to the frontage of the adjoining parcel.

Casee: Kearns v. Thilburg, NY Slip Op 06518 (2d Dept. 2010)

Here is the opinion.

Monday's issue: Ethics.

Municipalities Law.

Practice point: The Volunteer Firefighters' Benefit Law is the exclusive remedy of anyone entitled to recover damages resulting from a volunteer firefighter's line-of-duty injury.

Students should note that the Legislature is presumed to know the law in existence at the time it enacts legislation.

Case: Brady v. Village of Malverne, NY Slip Op 06513 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Real Estate Law.

Ethics.

Practice point: Public censure is the appropriate sanction in situations involving neglect, where the conduct is aberrational and the attorney has shown remorse and has cooperated in the disciplinary process.

Students should note that public censure is likewise appropriate in the case of a false notarization, where there are mitigating factors.

Case: Matter of Essien, NY Slip Op 06512 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Municipalities Law.

Motion practice.

Practice point: A party is required to preserve a claim that the jury verdict is inconsistent.

Students should note that the issue must be raised before the jury is discharged.

Case: Arrieta v. Shams Waterproofing, Inc., NY Slip Op 06508 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Ethics.

Torts.

Practice point: A targeted attack on an apartment building's resident does not result in a landlord's liability for failure to provide security.

Students should note that when the action is dismissed as against defendant, defendant's cross-claim is dismissed.

Case: Flynn v. Esplanade Gardens, Inc., NY Slip Op 06506 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.

Motion practice.

Practice point: In opposing a motion for a default judgment, an affidavit of merit is not necessary if an order has not been entered.

Students should note that an insurance carrier's delay in assigning counsel is reasonable cause for a defendant's default in answering.

Case: Arrington v. Bronx Jean Co., NY Slip Op 06399 (1st Dept. 2010)

Here is the opinion.

Monday's issue: Torts.

Trusts and Estates.

Practice point: A power of attorney that is coupled with an interest or which has been given in exchange for valuable consideration is irrevocable.

Students should note that, in order for a power to be considered coupled with an interest, the agent must have a personal estate in the thing or matter underlying the power.

Case: Frankel v. J.P. Morgan Chase, NY Slip Op 06476 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Motion practice.