A Labor Law § 240(1) cause of action.

A fall from a scaffold, in and of itself, does not establish that the plaintiff was not provided with proper protection. Here, the plaintiff relies solely on his General Municipal Law § 50-h hearing testimony and his deposition testimony, which merely establish that he fell from a scaffold. The plaintiff fails to address whether there were scaffold rails, possible tie-off points for a harness, or some alternative fall protection. Without more, the plaintiff's testimony that he "moved [his] foot" to the left, causing him to step off of the scaffold and into an "empty space," and that "there was nothing there because [he] stepped on it and . . . thought it was something solid" is insufficient.

Torres v. New York City Hous. Auth., NY Slip Op 06207 (2d Dep't November 10, 2021)

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General Municipal Law § 50-e.

As a prerequisite to suing individual municipal employees, they must be named in the notice of claim.

Wiggins v. City of New York, NY Slip Op 06035 (1st Dep't November 16, 2021)

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CPLR 2221(e).

Plaintiff's motion for leave to renew was denied because the purported new facts on which the motion was based was a notice of appearance that had been filed four years earlier by defendant's prior attorney, who was suspended and then disbarred. Plaintiff offered no reasonable justification for its failure to find and timely present this document, which was a matter of public record in the court file, in opposition to defendant's underlying motion to dismiss.

NRZ Pass-Through Trust IV v. Rouge, NY Slip Op 06095 (1st Dep't November 9, 2021)

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CPLR 511(a).

The defendant shall serve with the answer, or prior to service of the answer, a demand for a change of place of trial on the ground that the designated county is not a proper county. Subsection (b) permits the defendant to move to change the place of trial within fifteen days after service of the demand. Where the defendant fails to make a timely demand for a change of venue on the ground that the venue designated by the plaintiff was improper, or to make a timely motion on that ground, the defendant is not entitled to a change of venue as of right, and the motion is addressed to the court's discretion.

Suki Bus., Inc. v. East Coast Realtors, Inc., NY Slip Op 06205 (2d Dep't November 10, 2021)

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A claim for negligent hiring and training.

A necessary element of the cause of action is that the employer knew or should have known of the employee's propensity for the conduct which caused the injury.

Sheppard v. United States Tennis Assn. Inc., NY Slip Op 06204 (2d Dep't November 10, 2021)

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CPLR 2104.

Emails which reduce the parties' settlement agreement to a writing are "subscribed" within the meaning of the statute, and, therefore, constitute a binding stipulation. The sender is identifiable, and there is no contention that defendant's counsel did not intentionally send the emails.

Rawald v. Dormitory Auth. of the State of N.Y., NY Slip Op 06109 (1st Dep't November 9, 2021)

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CPLR 3212(f).

Plaintiff's assertion that the motion to dismiss is premature because additional discovery is necessary is unavailing. Plaintiff fails to offer anything other than conjecture to support this position.

Rios v. City of New York, NY Slip Op 06110 (NY Slip Op 06110 (1st Dep't November 9, 2021)

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Appellate practice.

In this Article 78 action, petitioner's claim of agency bias is unpreserved, and the Appellate Divison has no discretionary authority or interest of justice jurisdiction in reviewing the agency's determination.

Matter of 383 8th LLC v. City of New York, NY Slip Op 06027 (1st Dep't November 4, 2021)

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The doctrine of governmental immunity.

The New York State Division of Human Rights' investigation of the disability discrimination complaint constitutes a quasi-judicial discretionary action taken during the performance of governmental functions, and, therefore, the agency is shielded from liability.

Meehan of Huntington, Inc. v. State of New York, NY Slip Op 05778 (1st Dep't October 21, 2021)

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22 NYCRR 202.27.

When plaintiff fails to appear for a mandatory court conference, regardless of whether the court issues an order of dismissal, the action is dismissed. 

HSBC Mtge. Corp. (USA) v. Marble Hill at 29, Inc., NY Slip Op 05922 (1st Dep't October 28, 2021)

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Service of process and personal jurisdiction.

The court does not have personal jurisdiction over a defendant when a plaintiff fails to properly effect service of process. Where process has not been served upon a defendant, all subsequent proceedings are rendered null and void.

Wang v. Stony Brook Univ. Hosp., NY Slip Op 05891 (2d Dep't October 27, 2021)

Here is the decision.