CPLR 3012(d).

A defendant seeking leave to file a late answer must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action. The determination of what constitutes a reasonable excuse lies within the sound discretion of the Supreme Court. Here, the court finds that the defendants' appearance and participation in mandatory foreclosure settlement conferences and their participation in loan modification negotiations does not constitute a reasonable excuse for their failure to file a timely answer.

Bank of Am., N.A. v. Viener, NY Slip Op 03557 (2d Dep't May 8, 2019)

Here is the decision.

A voluntary payment defense.

The defense is inapplicable where the the record does not demonstrate that plaintiffs made the payments with full knowledge of the facts that would have enabled them to conclude that they were being overcharged by defendants due to a hidden margin fee.

BLT Steak LLC v. Liberty Power Corp., LLC, NY Slip Op 03540 (1st Dep't May 7, 2019)

Here is the decision.

CPLR 2309(c).

Courts do not rigidly apply the statutory requirement of certification for affidavits. If the oath was duly given, authentication of the oathgiver's authority may be secured later, and given effect nunc pro tunc.

Forman v. Whitney Ctr. for Permanent Cosmetics Corp., NY Slip Op 03451 (1st Dep't May 2, 2019)

Here is the decision.

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.