CPLR 2221(a).

A motion to reargue should be granted where the motion court engaged in a merits determination by considering the parties' deposition testimony.

Rodriguez v. Sharma, NY Slip Op 08937 (1st Dep't December 12, 2019)

Here is the decision.

A motion to dismiss on the ground of forum non conveniens.

The motion court will consider the residence of the parties, the location of evidence and witnesses, the burden on the New York courts, where the transaction giving rise to the cause of action took place, the applicability of foreign law, and the connection of the action with New York.

JTS Trading Ltd. v. Asesores, NY Slip Op 08935 (1st Dep't December 12, 2019)

Here is the decision.

Negligent infliction of emotional distress.

Extreme and outrageous conduct is an essential element of the cause of action.

Holmes v. City of New York, NY Slip Op 08922 (1st Dep't December 12, 2019)

Here is the decision.

CPLR 3025(b).

Leave to amend a pleading "shall be freely given," and the party seeking leave is not required to make a showing of merit in the proposed amendment.

Astro Air Corp. v. L.D. Wenger Constr. Co., NY Slip Op 08816 (2d Dep't December 11, 2019)

Here is the decision.

Appellate practice.

Where there is no specific argument regarding a cause of action, the claim is deemed abandoned.

Jemima O. v. Schwartzapfel, P.C., NY Slip Op 08793 (1st Dep't December 10, 2019)

Here is the decision.

CPLR 3025[b].

A party may amend a pleading at any time by leave of court. The application to amend is within the sound discretion of the court, and it should be granted  if the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit.

Flagstar Bank, FSB v. Davis, NY Slip Op 08655 (2d Dep't December 4, 2019)

Here is the decision.

CPLR 2221[e][3].

Defendant's motion to renew plaintiff's summary judgment motion was denied, as defendant failed to explain why, in opposing plaintiff's motion, it did not submit the documents that it concedes were in its possession.

Nieborak v. W54-7 LLC, NY Slip Op 08788 (1st Dep't December 5, 2019)

Here is the decision.

CPLR 5701(a)(2).

There is no appeal as of right from an order that does not decide a motion made on notice.

177 Richard St., LLC v. Weeks, NY Slip Op 08644 (2d Dep't December 4, 2019)

Here is the decision.

Unjust enrichment.

This is a quasi-contract claim that contemplates an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties. Where there is a written contract between plaintiff and defendant governing all aspects of the matter at issue, there can be no claim against a third-party non-signatory to the contract.

J.T. Magen & Co., Inc. v. Nissan N. Am., Inc., NY Slip Op 08784 (1st Dep't December 5, 2019)

Here is the decision.

Direct and derivative claims.

The complaint properly pleads direct, rather than derivative, claims because it seeks to redress injury to plaintiffs individually.

Soriano v. Osario, NY Slip Op 08783 (1st Dep't December 5, 2019)

Here is the decision.

CPLR 3211(a)(1).

Dismissal is granted only where the documentary evidence that forms the basis of the defense is such that it utterly refutes the plaintiff's factual allegations, and, as a matter of law, conclusively disposes of the plaintiff's claims. To qualify as documentary evidence, the evidence must be unambiguous and of undisputed authenticity.

Benjamin v. Yeroushalmi, NYSlip Op 08547 (2d Dep't December 4, 2019)

Here is the decision.