Discovery.

Pursuant to Education Law § 6527(3), certain documents generated in connection with the "performance of a medical or a quality assurance review function," or which are "required by the Department of Health pursuant to Public Health Law § 2805-l," are not discoverable. The party seeking to invoke the privilege must demonstrate that the documents sought were prepared in accordance with the relevant statutes.  It is not enough merely to assert that the documents are privileged. In the absence of a showing as to why the privilege attaches, the documents are subject to disclosure.

DeLeon v. Nassau Health Care Corp., NY Slip Op 08989 (2d Dep't December 18, 2019)

Here is the decision.

A claim of spoliation.

New York does not recognize an independent tort for either first- or third-party negligent spoliation of evidence.

Rosa v. D&E Equities, Inc., NY Slip Op 09094 (1st Dep't December 19, 2019)

Here is the decision.

CPLR 2005.

A default may be excused on the ground of law office failure if the explanation for the default is detailed and credible.

210 East 60th Street, LLC v. Rahman, NY Slip Op 08983 (2d Dep't December 18, 2019)

Here is the decision.

Denial of a motion for summary judgment.

Plaintiff's omission of an affidavit in opposition to defendants' motion does not require that the facts in defendants' affidavit be deemed admitted, as defendants submitted plaintiff's affidavit and deposition testimony, which establish that there are issues of fact.

Munna v. Axman, NY Slip Op 08963 (1st Dep't December 17, 2019)

Here is the decision.

CPLR 214[6].

An action to recover damages arising from an attorney's malpractice must be commenced within three years of accrual. The claim accrues when the alleged malpractice is committed.

Marzario v. Snitow Kanfer Holzer & Millus, LLP, NY Slip Op 08953 (1st Dep't December 12 2019)

Here is the decision.

CPLR 3212[a].

The court may consider plaintiff's untimely motion, as it addresses the same basic issues as plaintiff's timely-filed motion.

Baez v. 1749 Grand Concourse LLC, NY Slip Op 08948 (1st Dep't December 12, 2019)

Here is the decision.

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.