The Court of Claims.

The Court of Claims has exclusive jurisdiction over actions for money damages against State agencies, departments, officials, and employees acting in their official capacity in the exercise of governmental functions.

Byvalets v. State of New York, NY Slip Op 03021 (2d Dep't April 24, 2019)

Here is the decision.

A Noseworthy charge.

As a result of the accident, the plaintiff is confined to a hospital bed and unable to speak, and so there will be a jury charge under the Noseworthy doctrine, which permits a plaintiff to prevail on a lesser degree of proof.

G.G.N. v. Ramos, NY Slip Op 03137 (1st Dep't April 15, 2019)

Here is the decision.

A claim for contractual indemnification.

The claim will be denied where the entity is neither named as an owner in the indemnification agreement nor a third-party beneficiary of the agreement.

Benitez v. Church of St. Valentine Williamsbridge N.Y., NY Slip Op 02990 (1st Dep't April 23, 2019)

Here is the decision.

A dismissed fraud claim.

The element of reliance is insufficiently pled where the plaintiff had the means to discover the true nature of the transaction by the exercise of ordinary intelligence, and failed to make use of those means.

Rubin v. Sabharwal, NY Slip Op 02975 (1st Dep't April 23, 2019)

Here is the decision.

Voidable contracts.

A contract is voidable on the ground of duress and coercion where the party making the claim was forced to agree to it by means of a wrongful threat precluding the exercise of free will.  Generalized contentions that a party felt pressured are insufficient. As a matter of law, the exercise or threatened exercise of a legal right is not duress.

Shah v. Mitra, NY Slip Op 02739 (2d Dep't April 10, 2019)

Here is the decision.

A fee dispute between attorneys.

The outgoing attorney may elect either immediate compensation based on quantum meruit for the reasonable value of the services rendered, or a contingent percentage fee to be determined at the conclusion of the litigation.

Rodriguez v. Ryder Truck Rental, Inc., NY Slip Op 02735 (2d Dep't April 10, 2019)

Here is the decision.

CPLR 302(a)(1).

A plaintiff's allegations that the defendant transacts business in New York and that the claims arise directly out of that business are sufficient to support a finding of personal jurisdiction.

ExpresSpa Holdings, LLC v. Cordial Endeavor Concessions of Atlanta, LLC, NY Slip Op 02792 (1st Dep't April 11, 2019)

Here is the decision.

A dismissed claim for injunctive relief.

Where a plaintiff's substantive claims are dismissed, its claim for injunctive relief must likewise be dismissed, as it does not constitute an independent cause of action.

Calderon v. Kenga Roo Realty LLC, NY Slip Op 02794 (1st Dep't April 11, 2019)

Here is the decision.

"He is not here. He is risen."

Dies irae, dies illa.

Stabat Mater dolorosa.