The doctrine of incorporation by reference.

The doctrine may be appropriately invoked only where the document to be incorporated is referred to and described in the instrument as issued so as to identify the referenced document beyond all reasonable doubt.

Von Ancken v. 7 E. 14 LLC, NY Slip Op 02608 (1st Dep't April 4, 2019)

Here is the decision.

CPLR 2201.

Pursuant to the statute, a court has broad discretion to grant a stay in order to avoid the risk of inconsistent adjudications, application of proof, and potential waste of judicial resources.

Chaplin v. National Grid, NY Slip Op 02493 (2d Dep't April 3, 2019)

Here is the decision.

CPLR 3212(b) and 4518(a).

Summary judgment may not be granted on the basis of affidavits that are not based on personal knowledge and documents that are not authenticated.

Clarke v. American Truck & Trailer, Inc., NY Slip Op 02448 (1st Dep't April 2, 019)

Here is the decision.

CPLR 203(f).

A claim asserted in an amended pleading is deemed to have been interposed at the time the claims in the original pleading were interposed, unless the original pleading does not give notice of the transactions, occurrences, or series of transactions or occurrences to be proved in the amended pleading.

Catnap, LLC v. Cammeby's Mgt. Co., LLC, NY Slip Op 02309 (2d Dep't March 27, 2019)

Here is the decision.

Collateral estoppel.

A defendant is precluded from relitigating the sufficiency of the claim if it had a full and fair opportunity to litigate the issue when the plaintiff moved to amend the complaint and assert the claim.

Vaca v. Village View Hous. Corp., NY Slip Op 02420 (1st Dep't March 28, 2019)

Here is the decision.

Dismissal of a defamation claim.

In order to withstand dismissal, a public figure-plaintiff must allege that the defendant published the statements at issue with actual malice, that is, with either knowledge that they were false, or reckless disregard for the truth.

Winklevoss v. Steinberg, NY Slip Op 02419 (1st Dep't March 28, 2019)

Here is the decision.

A physician's duty of care.

The duty of general care is limited to those medical functions undertaken by the physician and relied on by the patient. The patient's surgeon does not owe a duty to manage medications administered in the ICU, and may rely on the ICU staff and other specialists to treat and manage the patient's non-surgical issues.

O'Toole v. Goodman, NY Slip Op 02415 (1st Dep't March 28, 2019)

Here is the decision.

Commencing a foreclosure action.

The plaintiff establishes standing by showing that it had either a written assignment or physical possession of the underlying note and mortgage prior to commencement. In the absence of a written assignment, a conclusory affidavit is insufficient proof of possession.

Deutsche Bank Natl. Trust Co. v. Guevara, NY Slip Op 02412 (1st Dep't March 28, 2019)

Here is the decision.

A jurisdictional defense.

A defendant who appears without asserting the lack of personal jurisdiction waives the defense.

Aurora Loan Servs., LLC v. Colleluori, NY Slip Op 02305 (2d Dep't March 27, 2019)

Here is the decision.

CPLR 5511.

Since the defendant failed to oppose the plaintiff's motion, the defendant is not aggrieved by the order granting the motion, and is precluded on appeal from challenging the propriety of the order.

179 Ct. St. Holding Corp. v. 127-18 Liberty Ave. Corp., NY Slip Op 02302 (2d Dep't March 27, 2019)

Here is the decision.

Notice in a slip-and-fall action.

A defendant's general awareness that the floor might become wet after inclement weather does not permit an inference of constructive notice.

Diaz-Martinez v. King of Glory Tabernacle, NY Slip Op 02263 (1st Dep't March 26, 2019)

Here is the decision.