Motion practice.

Practice point: CPLR 3101(a) will be construed liberally so that there will be disclosure of any material that is even arguably relevant.

Students should note that the essential test is one based on usefulness and reason.

Case: Lentz v. Nic's Gym, Inc., NY Slip Op 06620 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Motion practice.

Contracts.

Practice point: All contracts imply a covenant of good faith and fair dealing in the course of performance.

Students should note that, pursuant to this covenant, neither party shall do anything which destroys the other party's right to the fruits of its contract.

Case: Forman v. Guardian Life Ins. Co. of Am., NY Slip Op 06606 (1st Dept. 2010)

Here is the decision.

Tomorrow's issue: Motion practice.

Insurance Law.

Practice point: Noncompliance with a notice condition relieves the insurer of its obligation under the contract.

Students should note that a 60-day delay, without an excuse, violates the notice condition as a matter of law.

Case: Hermany Farms, Inc. v. Seneca Ins. Co., Inc., NY Slip Op 06607 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Contracts.

Employment Law.

Practice point: A special employee is one who is transferred for a limited time of whatever duration to the service of another.

Students should note that, in determining whether there is a special employment, courts will consider who controls and directs the work, and whether the employee knew of and consented to the special employment relationship.

Case: George v. IBC Sales Corp., NY Slip Op 06567 (2d Dept. 2010)

Here is the opinion.

Tomorrow's issue: Insurance Law.

Torts.

Practice point: New York does not recognize civil conspiracy to commit a tort as an independent cause of action.

Students should note that an action sounding in conversion does not lie where the property involved is real property.

Case: Dickinson v. Igoni, NY Slip Op 06565 (2d Dept. 2010)

Here is the opinion.

Monday's issue: Employment Law.

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.