A motion to compel.

The motion court did not improvidently exercise its discretion in denying defendants' motion to compel plaintiff to produce authorizations for his primary care providers, various specific medical providers, and his pharmacy records on the ground that plaintiff's allegations placed his entire medical condition in issue. Defendants failed to adduce any evidence showing that plaintiff sought treatment from his primary care physician or the named providers for the body parts that plaintiff alleges were injured in the accident at issue. Defendants also failed to adduce any evidence showing that plaintiff received prescriptions to treat those body parts. Although defendants claim they are entitled to medical records relating to the aggravation of injuries sustained in a prior motor vehicle accident, they did not tailor their demands accordingly.

Lafata v. Verizon Communications Inc., NY Slip Op 01272 (1st Dep't February 20, 2020)

Here is the decision.

The judicial proceedings privilege.

The allegedly defamatory statements about plaintiff made by defendant in affidavits in support of her motion for summary judgment in lieu of complaint are not "obviously impertinent" to the judicial proceedings in which they were made, and are absolutely protected by the privilege.

Peck v. Peck, NY Slip Op 01254 (1st Dep't February 20, 2020)

Here is the decision.

The doctrine of res ipsa.

An injured plaintiff seeking to apply res ipsa loquitur must establish, among other things, that the accident was caused by an instrumentality within the defendant's exclusive control.

Bunn v. City of New York, NY Slip Op 01247 (1st Dep't February 20, 2020)

Here is the decision.

Court of Claims.

The Court of Claims is a court of limited jurisdiction determined by the Constitution and statute. Its jurisdiction is generally limited to money damage awards against the State. Whether the essential nature of the claim is to recover money, or whether the monetary relief is incidental to the primary claim, is dependent upon the facts and issues presented in a particular case.

Aliksanyan v. State of New York, NY Slip Op 01137 (2d Dep't February 19, 2020)

Here is the decision.

CPLR 3213.

An absolute and unconditional guarantee of payment qualifies as an instrument for the payment of money only under CPLR 3213.

Punch Fashion, LLC v. Merchant Factors Corp., NY Slip Op 01121(1st Dep't February 18, 2020)

Here is the decision.

A motion to renew.

The court providently exercised its discretion in granting defendants' motion to renew their summary judgment motion, in order to correct a procedural error by the court, which had overlooked a prior order by another justice precluding plaintiff from submitting opposition papers. Contrary to plaintiff's contention, defendants had a right to enforce the preclusion order, which had been served upon her with notice of entry.

Ortiz v. Mar-Can Transp. Co., Inc., NY Slip Op 01036 (1st Dep't February 13, 2020)

Here is the decision.

Extending time to file a confession of judgment.

CPLR 2004 provides that a court "may extend the time fixed by any statute . . . for doing any act, . . . upon good cause shown," "[e]xcept where otherwise expressly prescribed by law." CPLR 3218 does not expressly prescribe that the time to file a defendant's affidavit confessing judgment may not be extended. So, upon finding that good cause was shown, the motion court properly granted plaintiff's motion for an extension of time to file defendants' confession of judgment.

Swanson v .Zink Global Media, LLC, NY Slip Op 01005 (1st Dep't February 13, 2020)

Here is the decision.

Court holiday.

CPLR 317.

On a motion to vacate a default judgment pursuant to CPLR 317, the defendant is not required to demonstrate a reasonable excuse for the default.

Wilson v. Kore Method on Gansevoort LLC, NY Slip Op 01003 (1st Dep't February 13, 2020)

Here is the decision.

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)

Here is the decision.

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)

Here is the decision.