Motion practice.

Practice point: On an appeal from a judgment entered after a nonjury trial, the Appellate Division may render the judgment it finds is warranted by the facts.

Students should note that, in a close case, the Court will take into account the fact that the trial judge had the advantage of seeing the witnesses.

Case: Bryant v. State of New York, NY Slip Op 07710 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Torts.

Torts.

Practice point: For there to be strict liability for harm caused by a domestic animal, the owner must have known, or should have known, of the animal's vicious propensities.

Students should note that the violation of a local leash law is only evidence of negligence.

Case: Wright v. Fiore, NY Slip Op 07531 (2d Dept. 2010)

Here is the decision.

Monday's issue: Motion practice.

Torts.

Practice point: To establish the existence of a fiduciary relationship between a cleric and a congregant, there must be a showing of de facto control and dominance in the counseling relationship.

Students should note that the test is whether the congregant was inherently vulnerable and incapable of self-protection.

Case: Spielman v. Carrino, NY Slip Op 07527 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Torts.

Employment Law.

Practice point: Pursuant to Workers' Compensation Law §§ 11 and 29(6), an employee who is entitled to receive compensation benefits may not sue the employer.

Students should note that, similarly, the employee cannot sue a special employer.

Case: Dulak v. Heier, NY Slip Op 07509 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Torts.

Court holiday.

The courts are closed, and so there is no post today.

Tomorrow's issue: Employment Law.

Municipalities Law.

Practice point: A municipality, on notice of a dangerous traffic condition, may be liable if it does not consider reasonable measures to alleviate the condition, or, if it unjustifiably delays taking action.

Students should note that the municipality has a continuing duty to review its traffic plans.

Case: Turturro v. City of New York, NY Slip Op 07329 (2d Dept. 2010)

Here is the decision.

Wednesday's issue: Employment Law.

Corporations.

Practice point: Persons may not be held personally liable on the corporation's contracts, provided they did not purport to bind themselves individually.

Students should note that a corporation's officers do not become liable merely because they have made decisions or taken actions that resulted in the corporation's breaching a contract.

Case: Stern v. H. DiMarzo, Inc., NY Slip Op 07327 (2d Dept. 2010)

Here is the decision.

Monday's issue: Municipalities Law.

Corporations.

Practice point: Persons may not be held personally liable on the corporation's contracts, provided they did not purport to bind themselves individually.

Students should note that a corporation's officers do not become liable merely because they have made decisions or taken actions that resulted in the corporation's breaching a contract.

Case: Stern v. H. DiMarzo, Inc., NY Slip Op 07327 (2d Dept. 2010)

Here is the opinion.

Monday's issue: Municipalities Law.

Motion practice.

Practice point: A sanction for spoliation requires a showing that the other side disposed of critical evidence, fatally compromising the ability to defend the action.

Students should note that, generally, striking a pleading is reserved for instances of willful or contumacious conduct.

Case: Scordo v. Costco Wholesale Corp., NY Slip Op 07324 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Corporations.

Motion practice.

Practice point: A cause of action based on promissory estoppel requires a clear and unambiguous promise; reliance by the party to whom the promise is made; and an injury sustained because of that reliance.

Students should note that Civil Rights Law § 80-b serves only to return the parties to their position prior to their becoming engaged if the marriage fails to materialize.

Case: Schwartz v. Miltz, NY Slip Op 07323 (2d Dept. 2010)

Here is the decision.

Tomorrow's issue: Motion practice.

Labor Law.

Practice point: A cause of action sounding in a violation of Labor Law § 200 or common-law negligence may arise either from a dangerous condition at the work site, or from the way the work was performed.

Students should note that the owner is not liable solely because it had notice of the way in which the work was being performed.

Case: Pilato v. 866 U.N. Plaza Assoc., LLC, NY Slip Op 07157 (2d Dept. 2010)

Here is the decision.

Tomorrow’s issue: Motion practice.