An account stated.

An invoice and a demand letter are sufficient to create an account stated. Nevertheless, evidence that there was not a meeting of the minds as to the correctness of the balance rendered will defeat the plaintiff's motion for summary judgment.

Cushman & Wakefield, Inc. v. Kadmon Corp., LLC, NY Slip Op 06456 (1st Dep't September 10, 2019)

Here is the decision.

Appellate practice.

The Appellate Division will not consider an argument that is raised for the first time on appeal and does not involve a pure question of law that appears on the face of the record and could not have been avoided if brought to the attention of the Supreme Court.

Maida v. St. Bonaventure Univ., NY Slip Op 06389 (2d Dep't August 28, 2019)

Here is the decision.

Fee disputes.

When there is a dispute between the plaintiff's current and discharged attorneys in an action to which a contingent fee retainer agreement applies, the discharged attorney may elect to receive compensation immediately based on quantum meruit, or on a contingent percentage fee based on the proportionate share of the work performed on the whole case. The award of reasonable fees is within the sound discretion of the Supreme Court based on the time and labor required, the difficulty of the issues involved, the skill required to handle the matter, and the effectiveness of the legal work performed.

Pyong Woo Ye v. Pasha, NY Slip Op 06425 (2d Dep't August 28, 2019)

Here is the decision.

CPLR 3216.

An action will not be dismissed for failure to prosecute, whether on the ground of general delay or for failure to serve and file a note of issue, unless there has first been served a 90-day notice.

Rezk v. New York Presbyt. Hospital/N.Y. Weill Cornell Ctr., NY Slip Op 06426 (2d Dep't August 28, 2019)

Here is the decision.

Vacatur of an arbitration award.

An award will be vacated where the arbitrator irrationally ignored the controlling law.

Global Liberty Ins. Co. of N.Y. v. Top Q., Inc., NY Slip Op 06445 (1st Dep't September 3, 2019)

Here is the decision.

Real Property Law § 291

A bona fide buyer - one who buys land in good faith and for  valuable consideration - takes the property free and clear of any prior conveyance, encumbrance, or servitude of which, at the time of purchase, the buyer did not have actual or constructive notice.

Akasa Holdings, LLC v. 214 Lafayette House, LLC, NY Slip Op 06447 (1st Dep't September 3, 2019)

Here is the decision.

The New York City Human Rights Law.

The statute does not differentiate between sexual harassment and other forms of gender discrimination, but requires that sexual harassment be viewed as one species discrimination based on sex or gender.

Crookendale v. New York City Health & Hosps. Corp., NY Slip Op 06446 (1st Dep't September 3, 2019)

Here is the decision.

A slip and fall action.

An established reasonable cleaning routine precludes the imposition of liability. Where the incident occurs outside of the scheduled cleaning routine, the complaint will be dismissed if the plaintiff fails to raise a factual issue that the cleaning routine was manifestly unreasonable so as to require altering it.

Thomas v. Sere Hous. Dev. Fund Corp., NY Slip Op 06443 (1st Dep't September 3, 2019)

Here is the decision.

Appellate practice.

The Appellate Division will not consider an argument that raises factual issues that were not submitted to the motion court.

Mable v. 384 E. Assoc., LLC, NY Slip Op 06442 (1st Dep't September 3, 2019)

Here is the decision.

CPLR 78.

In order to annul an administrative law judge's determination made after a hearing directed by law at which evidence is taken, a court must conclude that the record lacks substantial evidence to support the determination.

Pepe v. New York State Dept. of Motor Vehicles, NY Slip Op 06397 (2d Dep't August 28, 2019)

Here is the decision.

General Municipal Law § 50-e(5).

Where there is an unexplained delay in seeking leave to serve a late notice of claim, the petitioner bears the initial burden of presenting some evidence or plausible argument that granting the petition would not substantially prejudice the City in maintaining its defense on the merits.

Galicia v. City of New York, NY Slip Op 06393 (2d Dep't August 28, 2019)

Here is the decision.