A process server's affidavit.

The affidavit constitutes prima facie evidence of proper service, and gives rise to a presumption of proper service.  A conclusory denial of service is insufficient to rebut the presumption.  In order to warrant a hearing, the denial must be substantiated by specific, detailed facts that contradict the affidavit.

Bethpage Fed. Credit Union v. Grant, NY Slip Op 09246 (2d Dep't December 24, 2019)

Here is the decision.

Summary judgment in a medical malpractice action.

A plaintiff is only required to raise a triable issue of fact as to causation where the defendant makes a prima facie showing that the alleged departure from the standard of care was not a proximate cause of the plaintiff's injuries.

Barry v. Lee, NY Slip Op 09397 (1st Dep't December 26, 2019)

Here is the decision.

A corporate officer's liability.

Although a plaintiff fails to satisfy the requirements for piercing the corporate veil, liability may be imposed on a corporate officer who participates in the commission of a tort, even if the officer's participation is for the corporation's benefit.

Belle Light. LLC v. Artisan Constr. Partners LLC, NY Slip Op 09359 (1st Dep't December 26, 2019)

Here is the decision.

22 NYCRR 202.7(a)(2) .

On a discovery motion, the movant must submit an affirmation of good faith indicating that, prior to engaging in motion practice, efforts had been made to resolve issues.

Belle-Fleur v. Desriviere, NY Slip Op 09244 (2d Dep't December 24, 2019)

Here is the decision.

CPLR 3215(f).

An applicant for a default judgment must submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting defendant's failure to answer or appear. Where the complaint is not verified, the requisite proof must be set forth in an affidavit made by the party.

Deutsche Bank Natl. Trust Co. v. Silverman, NY Slip Op 08990 (2d Dep't December 18, 2019)

Here is the decision.

A deceased party.

The part of the order that severed the action against the party, who at that point was deceased, is vacated as void, as no legal representative has been appointed. An earlier order, issued while the party was alive, is not void. However, an appeal from that order will be dismissed, without prejudice, if an estate representative has not been appointed.

Bonnaig v. Walton, NY Slip Op 09103 (1st Dep't December 19, 2019)

Here is the decision.

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.