Denial of leave to renew.

The article 78 court providently exercised its discretion in declining to grant leave to renew, as petitioner raised no new facts that would have changed the outcome of the prior order and judgment, and did not provide a reasonable excuse for failing to present those facts with the petition, pursuant to  CPLR 2221[e].

Yu Chan Li v. New York City Landmarks Preserv. Commn., NY Slip Op 02281 (1st Dep't April 16, 2020)

Here is the decision.

Summary judgment in a construction-site fall.

 In the absence of evidence as to the last time the stairway was cleaned or inspected before the accident, defendants failed to demonstrate that they lacked constructive notice of the dangerous condition that allegedly caused plaintiff's injury.

Ohadi v. Magnetic Constr. Group Corp., NY Slip Op 02278 (1st Dep't April 16, 2020)

Here is the decision.

A motion to change venue.

A plaintiffs' subsequent move to another conunty does not invalidate the original designation based on plaintiffs' residence at the time of the commencement of the action, pursuant to CPLR 503(a).

Green v. Steinitz, NY Slip Op 02287 (April 16, 2020)

Here is the decision.

Arbitration provisions.

The provision is binding on a non-signatory only on equitable estoppel/direct benefit grounds. The question is for the court to decide, not the arbitrator.

Matter of KPMG, LLP v. Kirschner, NY Slip Op 02286 (1st Dep't April 16, 2020)

Here is the decision.

Motion practice.

The court will not consider the merits of a new theory of recovery that is not pleaded in the complaint and that is raised for the first time in opposition to a motion for summary judgment.

Price v. TuneCore, Inc., NY Slip Op 02284 (1st Dep't April 16, 2020)

Here is the decision.

Appellate practice.

The denial of a motion for leave to reargue is not appealable.

Matter of Yu Chan Li v. New York City Landmarks Preserv. Commn., NY Slip Op 02281 (1st Dep't April 16, 2020)

Here is the decision.

Workers' Compensation Law.

An employee's rights to Workers' Compensation benefits is the employee's exclusive remedy against his employer or coemployee for injuries sustained during his employment, pursuant to §§ 11, 29[6]. However, the statute does not prevent the employee from recovering for intentional torts, such as an assault
.
Donnelly v. Christian, NY Slip Op 02279 (1st Dep't April 16, 2020)

Here is the decision.

Jury verdict sheets.

"And/or" questions are disfavored, as they make it impossible to determine on which claim or claims the jury makes its determination. The use of the word "any" is similarly flawed.

Baptiste v. RLP-East, LLC, NY Slip Op 02238 (1st Dep't April 9, 2020)

Here is the decision.

A parent's right to a hearing.

The Family Court's refusal to permit the mother's counsel to admit into evidence documentary evidence on the mother's behalf, based on the mother's failure to appear at the hearing, violated the mother's right to due process. A parent has a right to be heard on matters concerning the child, and, absent the convincing showing of a waiver, the parent's rights are not to be disregarded. Here, there was no showing that the mother waived her right to be heard.

Matter of Amira W.H., NY Slip Op 02264 (2d Dep't April 9, 2020)

Here is the decision.

A non-custodial parent's visitation rights.

There is a rebuttable presumption that visitation by the noncustodial parent is in the child's best interest, and visitation should be denied only in exceptional circumstances

Matter of Byron M. v. Sasha A., NY Slip Op 02243 (1st Dep't April 9, 2020)

Here is the decision.

Guardians ad litem.

The court may providently appoint the guardian where a party is incapable of prosecuting or defending the case and assisting counsel, pursuant to CPLR 1201.

Olga P. v. Ionnis P., NY Slip Op 02239 (1st Dep't April 9, 2020)

Here is the decision.