Enforcing a foreign judgment.

The United States Constitution's Full Faith and Credit Clause does not require enforcement of a foreign judgment that has not been domesticated pursuant to New York law.

Kassover v. Prism Ventures Partners, LLC, NY Slip Op 01175 (1st Dep't February 19, 2019)

Here is the decision.

A dismissed Labor Law claim.

There is no viable § 240(1) claim where the plaintiff simply lost his footing while climbing down from a properly secured, non-defective extension ladder that did not malfunction.

Mitchell v. City of New York, NY Slip Op 01149 (1st Dep't February 14, 2019)

Here is the decision.

Contract construction.

Where the agreement is unambiguous, its commercial reasonableness is irrelevant.

J-Bar Reinforcement, Inc. v. Crest Hill Capital LLC, NY Slip Op 01142 (1st Dep't February 14, 2019)

Here is the decision.

A motion for class certification.

Pursuant to CPLR 901(a), the movant must demonstrate that a class action is more desirable and feasible than requiring individual members to prosecute separate actions.

Maor v. One Fifty Fifty Seven Corp., NY Slip 01140 (1st Dep't February 14, 2019)

Here is the decision.

Court holiday.

Breach of a settlement agreement.

The failure to make timely payment pursuant to the terms of the agreement constitutes a cause of action for breach of contract.

Okoye v. deVere Group Ltd., NY Slip Op 01132 (1st Dep't February 14, 2019)

Here is the decision.

Tort liability for defective sidewalks.

The Administrative Code of the City of New York shifts liability from the City to abutting property owners, with the exception of "one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes," pursuant to § 7-210[b].

Cosme v. City of New York, NY Slip Op 01055 (2d Dep't February 13, 2019)

Here is the decision.

A dismissed contracts claim.

A plaintiff cannot base its claim on the non-performance of a condition precedent where the plaintiff itself made performance impossible.

Jeffers v. American Univ. of Antigua, NY Slip Op 00987(1st Dep't February 7, 2019)

Here is the decision.

An employment discrimination claim.

Mere disparate treatment, standing alone and without a showing that the disparity was based on a protected characteristic, does not amount to discrimination.

Abe v. New York Univ., NY Slip Op 00989 (1st Dep't February 7, 2019)

Here is the decision.

Restrictive covenants in employment agreements.

Practice point:  Where the agreement is between professionals, the restraint as to unfair competition is enforceable only if the former employee uses the employer's confidential business information, or if the former employee's services are extraordinary or unique.

Student note:  A restrictive covenant in an employment agreement is reasonable only if it is no greater than is required for the protection of the employer's legitimate interests; it does not impose an undue hardship on the employee; and it is not injurious to the public.

Harris v. Patients Med., P.C., NY Slip Op 00974 (1st Dep't February 7, 2019)

Here is the decision.

Court holiday.