CPLR 3213.

A defendant does not defeat the motion for summary judgment in lieu of complaint by alleging defenses and counterclaims that are separate and severable from the plaintiff's claims under a promissory note.

Veg 83, LLC v JTED83, Inc., NY Slip Op 01320 (1st Dep't February 21, 2019)

Here is the decision.

Motions to renew and reargue.

Where the movant cites to no new facts that would change the court's prior determination, the motion is only a motion for reargument, the denial of which is non-appealable as of right.

O'Halloran v. Metropolitan Transp. Auth., NY Slip Op 01318 (1st Dep't February 21, 2019)

Here is the decision.

HSBC Bank USA, N.A. v. Mahadeo, NY Slip Op 01376 (1st Dep't February 26, 2019)

Here is the decision.

CPLR 503[a].

If neither party is a New York resident when the action is commenced, a plaintiff may designate any county as venue.

Lobo v. Gatehouse Partners, LLC, NY Slip Op 01317 (1st Dep't February 21, 2019)

Here is the decision.

A real estate broker's fiduciary duty.

The broker is a fiduciary with a duty of loyalty and an obligation to act in the best interests of the principal, to whom the broker must disclose all material information that it may possess or obtain concerning the transaction. Where the broker's interests or loyalties are divided due to a personal stake in the transaction or the representation of multiple parties, the broker must disclose to the principal the nature and extent of the broker's interest in the transaction or the material facts of the broker's divided loyalties. A breach of the broker's duty of loyalty may constitute a fraud for which the broker is answerable in damages.

Edwards v. Walsh, NY Slip Op 01197 (2d Dep't February 20 2019)

Here is the decision.

Tolling the statute of limitations.

A motion for leave to amend the complaint does not toll the statute of limitations if the plaintiff does not annex the supplemental summons to its papers.

Bossung v. Rebaco Realty Holding Co., N.V.,  NY Slip Op 01188 (1st Dep't, February 19, 2019)

Here is the decision.

Vacatur of an arbitration award.

The fact that the arbitrator does not offer a detailed explanation for the award is not a ground on which to set the award aside.

Matter of Reljic v. Tullett Prebon Fin. Servs., LLC, NY Slip Op 01182 (1st Dep't February 19, 2019)

Here is the decision.

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.