CPLR 4518.

An affidavit which states that the attached documents were kept in the ordinary course of plaintiff's business and explains that they were necessarily kept in order to track the business's charges and credits is sufficient to support the admissibility of the documents as business records.

Marina Towers Assoc., L.P. v. Yu, NY Slip Op 08267 (1st Dep't November 14, 2019)

Here is the decision.

CPLR 3025[b].

On a motion to dismiss, the motion court may not sua sponte grant plaintiff leave to file a second amended complaint in the absence of a cross motion and an accompanying proposed pleading.

Sutton Animal Hosp. PLLC v. D&D Dev., Inc., NY Slip Op 08263 (1st Dep't November 14, 2019)

Here is the decision.

The doctrine of primary assumption of risk.

If the risks of a sporting activity are known by or perfectly obvious to a voluntary participant, he has consented to them and the defendant has discharged its duty of care by making the conditions as safe as they appear to be.  Inherent risks are those which are known, apparent, natural, or reasonably foreseeable consequences of participation in the sport. Participants are not deemed to have assumed the risks of reckless or intentional conduct, or concealed or unreasonably increased risks.

Calderone v. College, NY Slip Op 08160 (2d Dep't November 13, 2019)

Here is the decision.

CPLR 3211(a)(7).

Speculative and inherently incredible allegations of widespread surveillance, conspiratorial meetings, and eavesdropping involving unidentified persons are insufficient to state a cause of action for employment discrimination, retaliation, harassment, or intentional or negligent infliction of emotional distress.

Mira v. Harder, NY Slip Op 08131 (1st Dep't November 12, 2019)

Here is the decision.

A landlord's liability for a dog bite.

To hold a landlord liable, the plaintiff must establish the landlord's knowledge of the dog's presence and its vicious propensities. Knowledge of the dog's vicious propensities may be established by proof of prior similar acts of which the defendant had notice.

Almodovar v. New York City Hous. Auth., NY Slip Op 08129 (1st Dep't November 12, 2019)

Here is the decision.

A defense based on the Workers' Compensation Law.

The defense afforded to employers by the statute's exclusivity provisions extends to suits brought against an entity that is found to be the alter ego of the corporation that employs the plaintiff.

Gerardi v. I.J. Litwak Realty Ltd. Partnership, NY Slip Op 07947 (2d Dep't November 6, 2019)

Here is the decision.

Damages on a contract claim.

The award of damages should put the plaintiff in the same position as he would have been in if the contract had not been breached.

Rubin v. Baumann, NY Slip Op 08011 (1st Dep't November 7, 2019)

Here is the decision.

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.