Service of process.

Personal jurisdiction is not acquired pursuant to CPLR 308(2) unless both the delivery and mailing requirements have been complied with. Here, plaintiff's affidavit evidencing service at defendant's place of business fails to include any proof of mailing as required by CPLR 308(2), and no evidence of compliance with the mailing requirement is otherwise found in the record. Service was invalid.

Williams v. MTA Bus Co., NY Slip Op 00692 (1st Dep't February 8, 2024)

Here is the decision.

Special trial preferences.

In this personal injury action, plaintiff was allegedly injured by a fall from an elevated platform while she was performing at the Metropolitan Opera House, a venue owned and operated by defendant Metropolitan Opera Association, Inc.

Plaintiff sought a special trial preference in the interest of justice, pursuant to CPLR 3403[a][3]. In the exercise of its discretion, the court denied special trial preference, noting that while plaintiff's income decreased post-accident, it remained reasonably adequate.

White v. Metropolitan Opera Assns., Inc., NY Slip Op 00467 (1st Dep't February 1, 2024)

Here is the decision.

Contribution claims.

Purely economic loss resulting from a breach of contract does not constitute 'injury to property'" within the meaning of the contribution statute, CPLR 1401.

Harriet Tubman Gardens Apt. Corp. v. H.T. Dev. Corp., NY Slip Op 00677 (1st Dep't February 8, 2024)

Here is the decision.

The business judgment rule and coop and condo boards.

The business judgment rule is applicable to the board of directors of cooperative and condominium corporations.  Pursuant to the rule, a court should defer to the board's determination so long as the board acts for the purposes of the cooperative of condominium, within the scope of its authority and in good faith. Unequal treatment of shareholders is sufficient to overcome the directors' insulation from liability under the rule, and a director who participates in the commission of a tort committed by the board may be held individually liable.

72 Poplar Townhouse, LLC v. Board of Mgrs. of the 72 Poplar St. Condominium, NY Slip Op 00606 (2d Dep't February 7, 2024)

Here is the decision.

Summary judgment in lieu of complaint.

Because the guaranty at issue reserves to defendant guarantor all defenses that were or may be available to the guaranteed party under a complex commercial contract, it does not qualify as the type of unconditional obligation that is appropriate for treatment under CPLR 3213.

Vitol Ams. Corp. v. Targa Resources Partners LP, NY Slip Op 00466 (1st Dep't February 1, 2024)

Here is the decision.

Failure to answer.

A defendant who has failed to timely answer a complaint and who seeks leave to file a late answer must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action.

Citimortgage, Inc. v. Sparozic, NY Slip Op 00403 (2d Dep't January 31, 2024)

Here is the decision.

Court holiday.

Statutes of limitations.

A cause of action for breach of fiduciary duty based on allegations of actual fraud is subject to a six-year limitations period, except where the fraud allegation is only incidental to the claim asserted.  According to the allegations in the complaint, the sponsor's principals' actions in concealing renovation charges in common charge assessments is not incidental to the cause of action pleaded, but rather underpins it, because plaintiff alleges that the sponsor's principals fraudulently used common charges to pay for the building renovation and concealed their actions by disguising the payments as relating to maintenance and repairs. Thus, the cause of action is subject to a six-year limitations period.

Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, NY Slip Op 00450 (1st Dep't February 1, 2024)

Here is the decision.

Bicycle accidents.

A person riding a bicycle on a roadway is entitled to all the rights and bears all the responsibilities of a driver of a motor vehicle. A bicyclist is required to use reasonable care for his own safety, to keep a reasonably vigilant lookout for vehicles, and to avoid putting himself in a dangerous position. A motorist is required to keep a reasonably vigilant lookout for bicyclists, to sound the vehicle's horn when a reasonably prudent person would do so in order to warn a bicyclist of danger, and to operate the vehicle with reasonable care to avoid colliding with anyone on the road.

Amancio-Gonzalez v. Medina, NY Slip Op 00400 (2d Dep't January 31, 2024)

Here is the decision.

Appellate practice.

A trial court's ruling on a motion to vacate a note of issue is reviewed under an abuse of discretion standard.

Oldcastle Precast, Inc. v. Steiner Bldg. NYC, LLC, NY Slip Op 00459 (1st Dep't February 1, 2024)

Here is the decision.

Alter ego/veil piercing claims.

There is no independent cause of action for veil piercing.

245 E. 19 Realty LLC v. 245 E. 19th St. Parking LLC, NY Slip Op 00368 (1st Dep't January 30, 2024)

Here is the decision.