CPLR 6301.

"A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had." A party seeking a preliminary injunction must show a likelihood of success on the merits, the possibility of irreparable harm in the absence of a preliminary injunction, and the balance of the equities in its favor.

Wilder v. Fresenius Med. Care Holdings, Inc., NY Slip Op 06054 (1st Dep't August 6, 2019)

Here is the decision.

Dismissal on forum non conventions grounds.

In the court's granting the motion, New York law does not require that an alternative forum be available.

Primus Pac. Partners 1, LP v. Goldman Sachs Group, Inc., NY Slip Op 06052 (1st Dep't August 6, 2019)

Here is the decision.

The doctrine of equitable estoppel.

In order to successfully invoke the doctrine, the plaintiff must establish that the defendant's subsequent and specific actions kept the plaintiff from timely bringing suit.  Here, the plaintiff failed to raise a question of fact as to whether any purported fraudulent activity affirmatively induced it to refrain from commencing this action until the statute of limitations had expired. It is insufficient to merely allege that the defendant was in some way connected to a fraudulent scheme.

Jacobson Dev. Group, LLC v. Yews, Inc., NY Slip Op 05964 (2d Dep't July 31, 2019)

Here is the decision.

A day care center's duty of care.

A provider of day care services is under a duty to adequately supervise the children in its charge, and may be held liable for foreseeable injuries proximately related to the absence of adequate supervision. In stating a claim of negligent supervision,  the plaintiff is not required to exclude every other possible cause, but need only offer evidence from which proximate cause may be reasonably inferred. The burden of proof is satisfied if the possibility of another explanation for the event is sufficiently remote or technical to enable the jury to reach its verdict based not upon speculation, but upon the logical inferences to be drawn from the evidence.

A.D.G. v. Children's Ark Daycare Ctr., Inc., NY Slip Op 05959 (2d Dep't July 31, 2019)

Here is the decision.

Church property disputes.

A court may resolve the dispute when the case can be decided solely on the application of neutral principles of law, without reference to any religious principle. The court must apply objective, well-established principles of secular law, and may rely on internal church governing documents only to the extent that they do not require the interpretation of ecclesiastical doctrine.

Eltingville Lutheran Church v. Rimbo, NY Slip Op 05957 (2d Dep't July 31, 2019)

Here is the decision.

A referee's report.

The court should confirm the report if the findings are substantially supported by the record, and the report clearly defines the issues and resolves any issues of credibility.

Federal Natl. Mtge. Assoc. v. Puretz, NY Slip Op 05958 (2d Dep't July 31, 2019)

Here is the decision.

CPLR 3126.

A plaintiff may be precluded from offering any evidence of damages for willful and contumacious conduct that may be inferred from the repeated failure to respond to discovery demands or comply with court-ordered discovery, coupled with an inadequate explanation. On appeal, the standard is abuse of discretion.

Gafarova v. Yale Realty, LLC, NY Slip Op 05960 (2d Dep't July 31, 2019)

Here is the decision.

Contract construction and interpretation.

In the first instance, the question of whether the writing is ambiguous is for the trial court, and the construction and interpretation of an unambiguous contract is an issue of law. If the language is free from ambiguity, its meaning may be determined on the basis of the writing alone, without resort to extrinsic evidence.  The parties' intent must be found within the four corners of the contract, giving practical interpretation to the language employed and the parties' reasonable expectations.

Atlantic Shores Bldrs. & Devs., Inc. v. Federico, NY Slip Op 05950 (2d Dep't July 31, 2019)

Here is the decision.

Summary judgment in a medical malpractice action.

The defendant-doctor establishes prima facie entitlement to dismissal of the claim by showing that either (i) in treating the plaintiff there was no departure from good and accepted medical practice, or (ii) any departure was not the proximate cause of the plaintiff' injuries. Failure to make this showing requires denial of the motion, regardless of the sufficiency of the opposing papers.

Bahnyuk v. Reed, NY Slip Op 05839 (1st Dep't July 30, 2019)

Here is the decision.

CPLR 2214(a).

Pursuant to the statute, an order to show cause must state the relief demanded and the grounds therefor. However, the court may grant such relief as is warranted by the facts plainly appearing on the papers on both sides, if the relief granted is not too dramatically unlike the relief sought, the proof offered supports it, and there is no prejudice to any party.

Velez v. City of New York, NY Slip Op 05781 (2d Dep't July 24, 2019)

Here is the decision.

General Municipal Law § 50-e.

Prior to commencing an action sounding in tort against a municipality or public corporation, a notice of claim must be served within 90 days after the claim arises. Leave to serve a late notice is denied where the petitioner fails to submit a copy of the proposed notice. or where the proposed notice does not specify the time, place, and manner in which the claim arose, the items of damages or injuries, or the total amount claimed. The petition must include an excuse for failure to timely serve the notice.

Brown v. City of New York, NY Slip Op 05773 (2d Dep't July 24, 2019)

Here is the decision.