Motions for leave to renew.

Pursuant to CPLR 2221[e][2], the motion must be based on new or additional facts, not offered on the original motion, that would change the prior determination. Renewal requires a showing that the facts were not known to the movant, or, in the court's discretion, that they were not offered for a justifiable reason.. The court lacks discretion to grant renewal where the moving party omits a reasonable justification for failing to present the facts on the original motion.

Armstrong v. Armstrong, NY Slip Op 03953 (2d Dep't June 6, 2018)

Here is the decision.

Labor Law § 200.

The statute codifies an owner's or a general contractor's common-law duty to provide construction workers with a safe work-site. Whether under § 200 or the common law, claims arise either from an alleged defect or dangerous condition, or from the way the work was performed. Where the alleged defect is not inherent, but is created by the way the work is performed, the claim is one for means and methods, and not one for a dangerous condition.

Villanueva v. 114 Fifth Ave. Assoc. LLC, NY Slip Op 03928 (1st Dep't June 5, 2018)

Here is the decision.

Dram shop statutes.

Pursuant to General Obligations Law § 11-101, a party who unlawfully sells alcohol to another person is liable for injuries caused by reason of that person's intoxication. Pursuant to Alcoholic Beverage Control Law § 65(1), it is unlawful to furnish an alcoholic beverage to any "person, actually or apparently, under the age of twenty-one years." While § 11-100 does not explicitly require knowledge or a reasonable belief of the purchaser's being underage, it is a requirement for liability to attach.

Ferber v. Olde Erie Brew Pub & Grill, LLC, NY Slip Op 03827 (2d Dep't May 30, 2018)

Here is the decision.

Judiciary Law § 475.

 On a motion pursuant to § 475, the attorney seeks a lien on the client's cause of action. The lien does not provide for an immediately enforceable judgment against all the client's assets, but, instead, is a security interest against a judgment or settlement in the client's favor.  In order to obtain a money judgment, the attorney must commence a plenary action.

Bernard v. De Rham, NY Slip Op 03891 (1st Dep't May 31, 2018)

Here is the decision.

74 years.

The sufficiency of a Notice of Claim.

The test of the sufficiency of the notice is merely whether it includes information sufficient to enable the city to investigate.  In making this determination, the Court may look at, among other things, the evidence adduced at the section 50-h hearing.

Here, according to the notice and evidence adduced at the 50-h hearing, plaintiff states that while she was on an escalator inside the train station, she slipped and fell on a slippery condition. Plaintiff alleges that the escalator was within the control of the agency and that it failed to maintain the escalator. Accordingly, the agency was on notice of plaintiff's theory of liability, namely, that it has a duty to use reasonable care to maintain the escalator in a safe condition.

Ingrao v. New York City Tr. Auth., NY Slip Op 03889 (1st Dep't May 31, 2018)

Here is the decision.

Dissolution of an LLC.

 An application for dissolution of an LLC must be made by or for a member of the LLC, pursuant to Limited Liability Company Law § 702.

62 Park Place Realty, LLC v. Levin, NY Slip Op 03823 (2d Dep't May 30, 2018)

Here is the decision.

Leave to amend.

The Appellate Division affirmed denial of the motion for leave to amend, as the proposed amended complaint is based on the same alleged wrongs as the original pleading. In the proposed amendment, plaintiff merely recasts derivative claims as direct ones.

MFB Realty LLC v. Eichner, NY Slip Op 03800 (1st Dep't May 29, 2018)

Here is the decision.

Effective service.

Where the notice of service on the Secretary of State, and a copy of the summons and complaint mailed to the defendant's out-of-state address, were returned as undeliverable, service was never effectuated. However, where, as here, service is not timely made, the court may, for good cause or in the interest of justice, extend the time, pursuant to CPLR 306-b. In applying the interest of justice standard, the court may consider factors such as the plaintiff's diligence, or lack thereof; expiration of the Statute of Limitations; the meritorious nature of the claim; the length of the delay in service; the promptness of the plaintiff's request for the extension of time; and prejudice to the defendant. No one factor is determinative.

Nunez-Ariza v. Nell, NY Slip Op 03735 (1st Dep't May 24, 2018)

Here is the decision.

Wages under the Labor Law.

So-called usage payments, which are third-party payments to models for the use of images taken at photo shoots, are not wages within the meaning of § 190[1].

Shanklin v. Wilhelmina Models, Inc., NY Slip Op 03732 (1st Dep't May 24, 2018)

Here is the decision.

Motions to leave and/or to reargue.

A motion denominated as one for leave to renew and/or to reargue that is not based on new facts, pursuant to CPLR 2221(d)(2), is a motion for leave to reargue. The denial of the motion is not appealable.

Capital One Bank v. Phillips, NY Slip Op 03656 (2d Dep't May 23, 2018)

Here is the decision.