Labor Law §§ 240(1) and 241(6).

The owners of one-family and two-family dwellings who contract for but do not direct or control the work are specifically exempted from statutory liability.

Hannan v. Freeman, NY Slip Op 01396 (2d Dep't February 27, 2019)

Here is the decision.

CPLR 4518[a].

An uncertified police accident report submitted in opposition to a summary judgment motion is not admissible.

Han Ho Huang v. John Doe, NY Slip Op 01395 (2d Dep't February 27, 2019)

Here is the decision.

Defaults.

Where the allegations in a complaint or affidavit of facts fail to establish a prima facie case, the applicant is not entitled to relief, even on a default.

Wynkoop v. 662A President St. Owners Corp., NY Slip 01450 (2d Dep't February 27, 2019)

Here is the decision.

Lack of standing.

A plaintiff's lack of standing at the commencement of the action is not cured by the subsequent assignment of the claim.

Rizack v. Signature Bank, N.A., NY Slip Op 01494 (1st Dep't February 28, 2019)

Here is the decision.

Service on a foreign LLC.

Service on a foreign limited liability company by personal delivery to its authorized agent is proper under CPLR 311-a.

Wilmington Trust, N.A. v. Pape, NY Slip Op 01449 (2d Dep't February 27, 2019)

Here is the decision.

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.