Dog bites.

In order to recover on a theory of strict liability in tort, the plaintiff must prove that the dog had vicious propensities and that the owner of the dog, or person in control of the premises where the dog was, knew or should have known of those propensities.  Evidence of vicious propensities includes a prior attack, the dog's tendency to growl, snap, or bare its teeth, the manner in which the dog was restrained, and its having been used as a guard dog.

I.A. v. Mejia, NY Slip Op 05757 (2d Dep't July 24, 2019)

Here is the decision.

Civil conspiracy.

Civil conspiracy is not an independent tort in New York. However, the allegations of conspiracy are deemed part of a cause of action to which they are relevant, such as a claim for fraud, where liability may be premised on knowing participation in a scheme to defraud, even if that participation does not by itself suffice to constitute the fraud. The allegations of  conspiracy enable a plaintiff to connect a defendant with the acts of co-conspirators where otherwise the defendant could not be implicated.

Errant Gene Thereapetics, LLC v. Sloan-Kettering Inst. for Cancer Research, NY Slip Op 05654 (1st Dep't July 23, 2019)

Here is the decision.

Trips and falls.

Proof that a dangerous condition is open and obvious does not preclude a finding of liability, but is relevant to the issue of the plaintiff's comparative negligence.  For summary judgment, a defendant must establish that the condition was both open and obvious and, as a matter of law, was not inherently dangerous.

Karpel v. National Grid Generation, LLC, NY Slip Op 05651 (2d Dep't July 17, 2019)

Here is the decision.

A claim for lack of informed consent.

To establish the cause of action, a plaintiff must prove (1) that the treatment provider unreasonably failed to disclose alternatives and foreseeable risks; (2) that a reasonably prudent patient, if fully informed, would not have undergone the treatment; and (3) that the lack of informed consent is a proximate cause of the injury.

Gilmore v. Mihail, NY Slip Op 05647 (2d Dep't July 17, 2019)

Here is the decision.

An emergency doctrine jury instruction.

If, under some reasonable view of the evidence, an actor was confronted by a sudden and unforeseen occurrence not of the actor's own making, then the reasonableness of the conduct in the face of the emergency is for the jury, which should be appropriately instructed.

Figgiani v. Crociata, NY Slip Op 05645 (2d Dep't July 17, 2019)

Here is the decision.

Fraud and contracts.

The essential elements of a cause of action for fraud are representation of a material existing fact, falsity, scienter, deception, and injury. Mere unfulfilled statements as to what will be done in the future are not actionable as fraud, and the injured party's remedy is to sue for breach of contract. However, where it is alleged that the defendant made misrepresentations of present facts that were collateral to the contract and served as an inducement to enter into the contract, a cause of action alleging fraudulent inducement is not duplicative of a breach of contract claim.

Did-it.com, LLC v. Halo Group, Inc., NY Slip Op 05644 (2d Dep't July 17, 2019)

Here is the decision.

Suing the Port Authority.

A notice of claim must be served on the agency 60 days prior to commencing the action.  The notice must be a sworn writing setting forth the nature of the claim and the resulting damages or injuries.

Conn v. Tutor Perini Corp., NY Slip Op 05643 (2d Dep't July 17, 2019)

Here is the decision.

Vehicle and Traffic Law § 1128[a].

A driver has a duty not to enter a lane of moving traffic until it is safe to do so, and the failure to heed this duty constitutes negligence per se.

Castro v. Hatim, NY Slip Op 05639 (1st Dep't July 16, 2019)

Here is the decision.

CPLR 213[4].

An action to foreclose a mortgage is subject to a six-year statute of limitations. Where the mortgage is payable in installments, a separate cause of action accrues for each unpaid installment, and the limitations period begins on the due-date of each installment.  If a mortgage debt is accelerated, the entire amount is due and the limitations period begins on the entire debt. A lender may revoke its election to accelerate the mortgage, but it must do so by an affirmative act during the six-year limitations period subsequent to the commencement of the prior foreclosure action.

Wilmington Trust, N.A. v. Dawson, NY Slip Op 05583 (2d Dep't July 10, 2019)

Here is the decision.

Judiciary Law § 470.

A non-resident attorney's failure to comply with the statutory requirement of maintaining a physical office in New York State at the time a complaint is filed does not render the filing a nullity, and dismissal of the action is not required. The party may cure the statutory violation with the appearance of compliant counsel or an application for admission pro hac vice by appropriate counsel.

Marina Dist. Dev. Co., LLC v. Toledano, NY Slip Op 05480 (2d Dep't July 9, 2019)

Here is the decision.

CPLR 2005.

While the statute allows courts to excuse a default due to law office failure, it was not the Legislature's intent to routinely excuse such defaults, and mere neglect is not accepted as a reasonable excuse.  A claim of law office failure must be supported by detailed allegations of fact explaining the failure," and vague, conclusory, and unsubstantiated excuses are unacceptable.

Wright v. Brooklyn Renaissance Funding Co., LLC, NY Slip Op 05584 (2d Dep't July 10, 2019)

Here is the decision.