Proximate cause and intervening acts.

The issue is whether the intervening act is a normal or foreseeable consequence of the situation created by the defendant's negligence. The mere fact that other persons share some responsibility for the plaintiff's harm does not absolve the defendant from liability because there may be more than one proximate cause of an injury.

Demetro v. Dormitory Auth. of the State of N.Y., NY Slip Op 01642 (1st Dep't March 7, 2019)

Here is the decision.

CPLR 3025(b).

In the complaint, the plaintiff inadvertently alleged that the accident involved a slip and fall in the parking lot instead of on the sidewalk in front of the premises. When the defendant moved to dismiss on the basis of the error, the plaintiff sought leave to amend. Leave was granted absent any prejudice to the defendant resulting from the pleading mistake. The motion papers included the proposed pleading and sufficiently specified the changes to be made, and the proposed amendment was clearly not patently insufficient or devoid of merit.

Yu Tian Li v. Louie & Chan Rest., NY Slip Op 01529 (1st Dep't March 5, 2019)

Here is the decision.

Waiver of a claim in equity.

Where a contract specifies that any claims shall be based on the contract and the contract price, a claim for unjust enrichment is waived and will be dismissed.

Federated Fire Protection Sys. Corp. v. 56 Leonard St., LLC, NY Slip Op 01538 (1st Dep't March 5, 2019)

Here is the decision.

CPLR 4518[a].

The movant must provide a sufficient foundation for the motion court to consider the documents submitted as business records.

A&W Egg Co., Inc. v. Tufo's Wholesale Dairy, Inc., NY Slip Op 01498 (1st Dep't February 28, 2019)

Here is the decision.

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.