Court holiday.

CPLR 3212(g).

An innocent passenger's right to summary judgment on the issue of his fault in the happening of an accident is not restricted by questions of comparative negligence as between two defendant drivers.

Romain v. City of New York, NY Slip Op 07885 (2d Dep't November 7, 2019)

Here is the decision.

Real Property Law § 339-aa.

The statute provides for the appointment of a receiver in a lien foreclosure action to collect the reasonable rent for the use and occupancy of a unit by the defaulting unit owner.

Capital One, N.A. v. Banfill, NY Slip Op 08004 (1st Dep't November 7, 2019)

Here is the decision.

Appellate practice.

An appellant need not make a post-verdict motion for a new trial in order to preserve the contention that a jury verdict was contrary to the weight of the evidence.

Evans v. New York City Tr. Auth., NY Slip Op 07872 (2d Dep't November 6, 2019)

Here is the decision.

CPLR 5015(a).

An expert's affidavit, created after the order awarding summary judgment on the plaintiff's default, does not constitute "newly discovered evidence" sufficient to warrant vacatur of the order.

Luna v. Ponce Funeral Homes, Inc., NY Slip Op 07774 (2d Dep't October 30, 2019)

Here is the decision.

CPLR 602(a).

Cases may be joined for discovery and trial where there are common questions of law and fact, unless the party opposing the motion demonstrates that a joint trial will prejudice a substantial right. The Appellate Division will accord deference to the motion court's exercise of its discretion.

Lema v. 1148 Corp., NY Slip Op 07866 (1st Dep't October 31, 2019)

Here is the decision.

Court holiday.

Appellate practice.

The right of direct appeal of an order terminates with the entry of the order and judgment.

M & T Bank v. Biordi, NY Slip Op 07775 (2d Dep't October 30, 2019)

Here is the decision.

Family Court.

Family Court is a court of limited subject matter jurisdiction, and cannot exercise powers beyond those granted to it by statute.

Matter of Hamrahi v. Brock, NY Slip Op 07781 (2d Dep't October 30 2019)

Here is the decision.

Leave to renew.

The movant must raise new facts that would have changed the outcome of the prior motions, and provide a reasonable excuse for failing to present those facts at the proper time, pursuant to CPLR 2221[e]. Renewal is not a second chance for parties who have failed to exercise due diligence in making their original factual presentation, and  it is granted sparingly.

Wade v. Giacobbe, NY Slip Op 07852 (1st Dep't October 31,2019)

Here is the decision.

Dismissal of a conspiracy claim.

In the absence of a viable tort claim, there can be no conspiracy claim.

Sabo v. Candero, NY Slip Op 07720 (1st Dep't October 29, 2019)

Here is the decision.