Bills of particulars.

What the plaintiff styles as a supplemental bill of particulars asserting a new theory of liability is actually an amended bill of particulars. It is a nullity because it was served after note of issue, after defendant filed its summary judgment motion, and without leave of court.

Stovall v. Lenox Hill Hosp., NY Slip Op 07004 (1st Dep't December 16, 2021)

Here is the decision.

Common-law indemnification.

A party who is held vicariously liable for another party's negligence may seek to recover damages from the wrongdoer. 

Cobblestone Foods, LLC v. Branded Concept Dev., Inc., NY Slip Op 06984 (2d Dep't December 15, 2021)

Here is the decision.

Statutory interpretation.

The primary consideration is to discern and give effect to the Legislature's intention, and the statutory text is the surest indicator of legislative intent. Courts should construe unambiguous language so as to give effect to its plain meaning. When the plain language of the statute is precise and unambiguous, it is determinative.

Bank of Am., N.A. v. Kessler, NY Slip Op 06979 (2d Dep't December 15, 2021)

Here is the decision.

Civil usury.

A person may not charge, take, or receive any money as interest on a loan at a rate exceeding the maximum permissible interest rate of 16% per year. A usurious contract is void and relieves the borrower of the obligation to repay principal and interest thereon.

Adler v. Marzario, NY Slip Op 06977 (2d Dep't December 15, 2021)

Here is the decision.

CPLR 2221[e][2].

A motion for leave to renew will be denied where the purported new facts are not material and would not change the prior determination.

Casillas-Reyes v. John, NY Slip Op 06943 (1st Dep't December 14, 2021)

Here is the decision.

Christmas 1943.

Christmas Eve 1964.

Limitations period on an incidental claim.

Plaintiff's claim for fraud is incidental to his conversion claim, and so it is subject to the three-year limitations period as applicable to the conversion claim.

Lyman v. J.P. Morgan Chase & Co., NY Slip Op 06954 (1st Dep't December 14, 2021)

Here is the decision.

CPLR 3123.

A notice to admit is limited to admissions regarding facts as to which the party requesting the admission reasonably believes there can be no substantial dispute.

Marchese v. Aston, NY Slip Op 06959 (1st Dep't December 14, 2021)

Here is the decision.

Indemnification.

A party may not recover in common-law indemnity for its own breach of contract. 

Shah v. 20 E. 64th St., LLC, NY Slip Op 06071 (1st Dep't December 14, 2021)

Here is the decision.

A dismissed trip and fall action.

The City established prima facie that it adequately designed, constructed, and maintained its roadway in a reasonably safe condition, including the median barrier at issue. Plaintiff's expert opined that good and accepted engineering and transportation industry safety practices required that the barrier have reflective tape or paint on it and that the opening be enlarged or the crosswalk narrowed. However, the opinion is unsupported by a published standard or evidence that the practices are generally accepted. Moreover, plaintiff's photograph, which purported to show the lighting conditions on the night of the accident, was unauthenticated, as plaintiff failed to aver that the photograph was taken at the actual location, he had disclaimed having any photographs of the location at his deposition 18 months after the accident, and another witness testified that he was unsure which intersection was depicted.

Warshak v. City of New York, NY Slip Op 06974 (1st Dep't December 14, 2021)

Here is the decision.