An estate's membership interest in an LLC.

Where plaintiff is a successor in interest to the decedent's membership interest in an LLC, plaintiff is not a member. As successor-in-interest, the estate retains only a right to distributions. Defendants' grant of access to books and records and issuance of a K-1 do not constitute an admission that plaintiff is a member.

Pappas v. 38-40 LLC, NY Slip Op 03447 (1st Dep't May 2, 2019)

Here is the decision.

CPLR 3211(f).

A defendant's time to answer the complaint is extended by virtue of its serving a notice of motion, together with its co-defendants, seeking dismissal of the causes of action asserted against the co-defendants.

Levine v. Singal, NY Slip Op 03438 (1st Dep't May 2, 2019)

Here is the decision.

An insufficient summary judgment motion in a personal injury action.

Summary judgment is denied when the defendant has a duty to keep the parking lot free of snow and ice, but the plaintiff does not allege where the accident occurred.

Neppi v. Fairway Pelham LLC, NY Slip Op 03440 (1st Dep't May 2, 2019)

Here is the decision.

Amending a bill of particulars.

Pursuant to CPLR 3025(b), failure to submit the amendment with the moving papers is fatal to the motion.

Cedano v. New York Racing Assn., Inc., NY Slip Op 03022 (2d Dep't April 2, 2019)

Here is the decision.

Expert opinions.

The opinion may be based on photographs, but the facts on which the expert relies must be fairly inferable from the evidence.

Eskridge v. TJBM Entrs., Inc., NY Slip Op 03027 (2d Dep't April 24, 2019)

Here is the decision.

A contract claim dismissed with prejudice.

The dismissal must be with prejudice where the plaintiff does not allege bad faith or facts known, or even suspected, to support a finding of bad faith, and fails to demonstrate that it can cure that fatal deficiency.

Eaton Vance Mgt. v. Wilmington Sav. Fund Socy., FSB, NY Slip Op 03143 (1st Dep't April 25, 2019)

Here is the decision.

Firing a probationary City employee.

The employee may be terminated without a hearing for any reason or no reason at all, as long as the dismissal was not unlawful or in bad faith.

Matter of Hawkins v. Farina, NY Slip Op 03141 (1st Dep't April 25, 2019)

Here is the decision.

CPLR 3016[a].

Defamation is not pled with the requisite particularity where the complaint fails to state whether the utterances were verbal or written, the specific time and location at which the utterances were made, and, most critically, the identity of even a single person who allegedly heard the offending utterances.

Vertical Sys. Analysis, Inc. v. Balzano, NY Slip Op 03138 (1st Dep't April 25, 2019)

Here is the decision.

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.