Municipaity liability.

Generally, where a municipality has enacted a prior written notice statute, it is not liabie for injuries caused by an improperly maintained street or sidewalk unless it has received written notice of the defect. However, the courts have recognized an exception to the prior written notice requirement in circumstances where the municipality affirmatively created the defect through an act of negligence. This exception is limited to work performed by the municipality that immediately resulted in the existence of a dangerous condition.

Weinstein v. County of Nassau, NY Slip Op 00890 (2d Dep't February 5, 2020)

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Personal jurisdction.

Supreme Court has personal jurisdiction of defendants based on allegations that defendants transacted business in New York by purporting to purchase a majority interest in a painting from a New York art gallery, which retained a minority interest in the painting, and marketing the painting for sale in New York under a consignment agreement with Christie's New York, using a New York address.

Silver v. Alon Zakaim Fine Art Ltd., NY Slip Op 00978 (1st Dep't February 11, 2020)

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CPLR 213[2].

The statute of limitations for breach of a promissory note payable in installments is six years. A default on a single installment payment does not trigger the running of the statute on the entire debt. Instead, separate causes of action accrued as installments of the loan indebtedness are due and payable. Installment payments that have accrued more than six years prior to commencement of the action are time-barred.

Cannell v. Grail Partners, LLC, NY Slip Op 00973 (1st Dep't February 11, 2020)

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Court holiday.

CPLR 327(a).

Pursuant to the doctrine of forum non conveniens, a court may dismiss an action when, although it has jurisdiction over the claim, the court determines that in the interest of substantial justice the action should be heard in another forum. The burden is on the defendant to show that considerations relevant to private or public interest militate against accepting or retaining the litigation. The court will consider factors such as the residency of the parties; potential inconvenience to proposed witnesses, especially nonparty witnesses;, the availability of an alternative forum; the situs of the actionable events; the location of the evidence; and the burden that retaining the case would have on New York courts.

Albright v. Combe Inc., NY Slip Op 00837 (2d Dep't February 5, 2020)

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CPLR 3101[c].

An attorney's work product is absolutely privileged, and is not obtainable. The privilege extends only to documents prepared by counsel acting as such, and to materials uniquely the product of a lawyer's learning and professional skills, such as those reflecting the attorney's legal research, analysis, conclusions, legal theory, or strategy.

Venture v. Preferred Mut. Ins. Co., NY Slip Op 00834 (1st Dep't February 4, 2020)

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CPLR 2104.

While the record reflects that the parties agreed to various settlement terms, the oral agreement has no binding effect because the agreement and its terms were not sufficiently documented, recorded, or memorialized.

Greenway Mews Realty, L.L.C. v. Liberty Ins. Underwriters, Inc., NY Slip Op 00824 (1st Dep't February 4, 2020)

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CPLR 203[f].

Under the relation back doctrine, the addition of a new defendant requires the following: (1) both claims arise out of same conduct, transaction, or event; (2) the new party is united in interest with the original defendant, and, by reason of that relationship, can be charged with such notice of the institution of the action that he will not be prejudiced in defending on the merits; and (3) the new party knew or should have known that, but for an excusable mistake by plaintiff as to the identity of the proper parties, the action would have been brought against him as well.

Stanger v. Shoprite of Monroe, NY, NY Slip 00820 (1st Dep't February 4, 2020)

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CPLR 3215.

On a motion for leave to enter a default judgment, the movant must submit evidence of service of the summons and complaint, evidence of the facts constituting the claim, and evidence of the defaulting party's failure to appear or answer the complaint.

Wilmington Sav. Fund Socy., FSB v. Chishty, NY Slip Op 00641 (2d Dep't January 29, 2020)

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Mental Hygiene Law § 9.41.

The complaint fails to state a cause of action because plaintiff's own allegations establish that his arrest and detention for a mental health evaluation were privileged.

Abascal-Montalvo v. City of New York, NY Slip Op 00676 (1st Dep't January 30, 2020)

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Claims of retaliation and discrimination.

Before any disciplinary actions were taken, the plaintiff had lodged formal complaints that her superiors made discriminatory and disparaging comments about her race and gender. The allegedly pervasive racist and sexist comments and conduct preclude summary dismissal of the claims as insubstantial.

Nelson v. New York City Tr. Auth., NY Slip Op 00671 (1st Dep't January 30, 2020)

Here is the decision.