Waiver of trial by jury.

When the complaint either joins legal and equitable causes of action arising out of the same alleged wrong or seeks both legal and equitable relief, the plaintiff waives his right to jury trial.

Errant Gene Therapeutics, LLC v. Sloan-Kettering Inst. for Cancer Research, NY Slip Op 07226 (1st Dep't October 8, 2019)

Here is the decision.

Summary judgment in a trip-and-fall action.

Dismissal will be denied whee the defendant fails to meet its initial burden of demonstrating that it did not create the defective condition. Here, in relying on the building superintendent's deposition testimony, the defendant pointed to gaps in the plaintiff's proof instead of carrying its own burden on the motion.

Harvey v. Henry 85 LLC, NY Slip Op 07210 (1st Dep't October 8, 2019)

Here is the decision.

Appellate Practice.

The appellant may not challenge the propriety of an order granting a motion that he did not oppose, as he is not aggrieved by the order.

First Am. Tit. Ins. Co. v. Chavannes, NY Slip Op 07053 (2d Dep't October 2, 2019)

Here is the decision.

A claim of slander per se.

In order to survive dismissal, a plaintiff corporation must sufficiently state how the statements at issue harmed its reputation, business standing, or corporate integrity.

161 Ludlow Food, LLC v. L.E.S. Dwellers, Inc., NY Slip Op 07146 (1st Dep't October 3, 2019)

Here is the decision.

Charging liens.

An attorney of record who is discharged without cause has a charging lien pursuant to Judiciary Law § 475.  The lien is imposed on the cause of action, the proceeds of which are subject to lien, even where the recovery is from an action different from the one in which the services were rendered.

Dzhurinskiy v. Moore, NY Slip Op 07050 (2d Dep't October 2, 2019)

Here is the decision.

A claim for quantum merit/unjust enrichment.

The cause of action will be dismissed where it constitutes an indistinguishable dispute regarding the same operative facts as the claim for breach of contract.

Sears Holdings Mgt. Corp. v. Rockaway Realty Assoc., LP, NY Slip Op 07174 (1st Dep't October 3, 2019)

Here is the decision.

Stipulations.

Where the motion court so-orders the stipulation, its terms have the weight of a court order.

Gordon v. Schaeffer, NY Slip Op 07141 (1st Dep't October 3, 2019)

Here is the decision.

A dismissed claim of unjust enrichment.

There is no cause of action where the claim merely duplicates or replaces a conventional contract claim.

Markov v. Katt, NY Slip Op 07006 (1st Dep't October 1, 2019)

Here is the decision.

Appellate Practice.

Pursuant to CPLR 5511, the appeal will be dismissed where the appellant is not aggrieved by the final order.

Matter of Mahoney v. Martin, NY Slip Op 06969 (2d Dep't September 27, 2019)

Here is the decision.

CPLR 2016.

In this medical malpractice action, plaintiff's expert's affidavit, as originally submitted, was not notarized and, therefore, does not qualify as an affirmation. However, plaintiff corrected the defect by submitting a notarized version at oral argument.

Stewart v. Goldstein, NY Slip Op 06865 (1st Dep't September 26, 2019)

Here is the decision.

Amending a bill of particulars.

A plaintiff seeking leave to amend a bill of particulars by asserting a new injury must demonstrate a reason for the delay in asserting the injury and submit a medical affidavit showing a causal connection between the alleged injury and the original injuries sustained.

Cherry v. Longo, NY Slip Op 06741 (2d Dep't September 25, 2019)

Here is the decision.