A conversion claim.

The claim will be dismissed where it is predicated on the breach of a contract, and the plaintiff alleges no independent facts that are sufficient to give rise to tort liability.

Prospect Funding Holdings, LLC v. Paiz, NY Slip Op 02967 (1st Dep't May 21, 2020)

Here is the decision.

A tortious interference claim.

To support the claim, New York law requires that the contract would not have been breached "but for" the defendant's conduct. If the breach occurs before the defendant's purported inducement, the inducement could not have caused the breach.  A plaintiff's conclusory allegations that the defendant knew about the underlying agreement are insufficient.

Wiesen v. Verizon Communications, Inc., NY Slip Op 02965 (1st Dep't May 21, 2020)

Here is the decision.

CPLR 308(4).

Plaintiff failed to satisfy the statutory requirement of due diligence. The process server attempted to effect service twice at an address that was not defendant's "actual place of business, dwelling place or usual place of abode within the state."  Defendant had moved to Mexico almost a year before service was attempted, and defendant had no contractual obligation to notify plaintiff that his address changed.

Roc-Lafayette Assoc., LLC v. Reuter, NY Slip Op 02885 (1st Dep't May 14, 2020)

Here is the decision.

CPLR 3215(f).

The denial of plaintiff's summary judgment motion extends to plaintiff's motion for a default judgment against the non-appearing defendant-guarantor.

104 Second Realty, LLC v. Beer Factory LLC, NY Slip Op 02886 (1st Dep't May 14, 2020)

Here is the decision.

Motions for summary judgment.

The court may providently exercise its discretion in denying the motion as premature if it is filed while depositions and other discovery remain outstanding.

Cruz v. City of New York, NY Slip Op 02887 (1st Dep't May 14, 2020)

Here is the decision.

An insufficient claim for breach of fiduciary relationship.

The claim is properly dismissed, as defendant never held funds belonging to plaintiff, but was supposed to enter into a contract with plaintiff so that plaintiff could submit bills to defendant. This does not create a fiduciary relationship.

East of Hudson Rail Frgt. Task Force, Inc. v. Port Auth. of N.Y. & N.J., NY Slip Op 02870 (1st Dep't May 14, 2020)

Here is the decision.

Motion practice.

Defendant is not bound by statements in the court's prior orders on the motions for summary judgment by two co-defendants, as he had no interest in those motions. Law of the case does not apply.

Rotter v. Ripka, NY Slip Op 02859 (1st Dep't May 14, 2020)

Here is the decision.

Notices to admit.

The notice may not be used for the purpose of compelling admissions of fundamental and material issues or ultimate facts.

MTGLQ Invs., LP v. Collado, NY Slip Op 02723 (1st Dep't May 7, 2020)

Here is the decision.