Since the plaintiff is trying to enforce a judgment that was issued by Supreme Court, New York County, plaintiff properly issued subpoenas with restraining notices out of that court. A proceeding to vacate the restraining notices must be brought in that court.
79 Madison LLC v. Ebrahimzadeh, NY Slip Op 02052 (1st Dep't March 24, 2022)
Property owners and occupiers owe a duty of reasonable care to keep their premises safe. The scope of that duty is the foreseeability of the possible harm, which can be resolved by the court when only one inference can be drawn from undisputed facts. A landowner is not liable for injuries arising from a condition that is inherent or incidental to the nature of the property, and that could be reasonably anticipated by those using it.
Aloi v. Dubriske, NY Slip Op 01979 (2d Dep't March 23, 2022)
Tbe rule bars judicial inquiry into corporate directors' actions taken in good faith and in the exercise of honest judgment in the lawful and legitimate furtherance of corporate purposes. A complaint's conclusory allegations do not defeat the powerful presumption of the rule.
Max v. ALP, Inc., NY Slip Op 01969 (1st Dep't March 22, 2022)
The court may grant any type of relief, regardless of whether the relief is demanded, appropriate to the proof, and imposing such terms as may be just.
Rios v. Sendowski, NY Slip Op 01977 (1st Dep't March 22, 2022)
The court denied plaintiff's request for leave to file a new amended complaint that would include additional allegations, as plaintiff did not submit a proposed second amended complaint as required by the statute.
New York Studios Inc. v. Steiner Digital Studios, NY Slip Op 01881 (1st Dep't March 17, 2022)
The right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure and sale in the action.
CIT Bank, N.A. v. Fernandez, NY Slip Op 01763 (2d Dep't March 16, 2022)
Alter ego liability is not an independent cause of action in New York.
Perez v. Long Is. Concrete Inc., NY Slip Op 0887 (1st Dep't March 17, 2022)
The defendant's motion to strike portions of the complaint is denied, as he has made no showing that the purportedly scandalous or prejudicial allegations are irrelevant.
Robinson v. Dinneen, NY Slip Op 01889 (1st Dep't March 17, 2022)
On a defendant's motion to dismiss a complaint for failure to state a cause of action, the court must construe the complaint liberally, accept the allegations as true, and gve the plaintiff the benefit of every favorable inference. Whether the plaintiff can ultimately establish its allegations is not part of the calculus in deciding the motion. Unlike on a motion for summary judgment where the court searches the record and assesses the sufficiency of the parties' evidence, on a motion to dismiss the court merely examines the adequacy of the pleadings.
Ayers v. Bloomberg, L.P., NY Slip Op 01762 (2d Dep't March 16, 2022)
In this medical malpractice action, the expert is qualified to render an opinion notwithstanding that the expert is anonymous, pursuant to CPLR 3101[d][1][i], from out of state, pursuant to CPLR 2309[c], and does not purport to have worked at a New York ambulatory surgery center.
Barahona v. Marcus, NY Slip Op 01731 (1st Dep't March 15, 2022)
Under certain circumstances, a court of original jurisdiction may entertain a motion for leave to renew a prior order or judgment based on newly discovered evidence, even after an appellate court has rendered a decision on that order or judgment. However, absent any of the circumstances set forth in CPLR 5015, which are inapplicable here, a motion for leave to renew based upon an alleged change in the law must be made prior to the entry of a final judgment, or before the time to appeal has fully expired. Here, the petition was no longer pending when petitioner made its motion, based on an alleged change in the law, and, therefore, the motion was untimely.
Matter of 160 E. 84th St. v. New York State Div. of Hous. & Community Renewal, NY Slip Op 01729 (1st Dep't March 15, 2022)