"Quid est veritas?"

Spy Wednesday.

Contract law.

It is well-settled in New York that merger clauses preclude consideration of prior oral contracts regarding the same subject matter as the written agreement. 

Behler v. Kai-Shing Tao, NY Slip Op 01337 (1st Dep't March 14, 2024)

Here is the decision.

Appellate practice.

The defendant did not seek sanctions before the Supreme Court, and the Appellate Division declines to impose sanctions upon the plaintiffs relating to this appeal, pursuant to 22 NYCRR 130-1.1[c].

150A 30 St. Trust, Israel Grossman Trustee v. Barca Dev., LLC, NY Slip Op 01283 (2d Dep't March 13, 2024)

Here is the decision.

Palm Sunday.

Mandamus.

The extraordinary remedy of mandamus is available, in limited circumstances, only to compel the performance of a purely ministerial act which does not involve the exercise of official discretion or judgment, and only when there is a showing of a clear legal right to the relief.

Matter of Harper v. Neary, NY Slip Op 01176 (2d Dep't March 6, 2024)

Here is the decision.

Motions for leave to renew.

The motion is denied where the movant fails to establish a reasonable justification for not having offered the alleged new facts in the original moving papers.

Mollema v. Citigroup, Inc., NY Slip Op 01281 (1st Dep't March 12, 2024)

Here is the decision.

Summary judgment.

The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any triable issues of fact. The failure to make a prima facie showing requires a denial of the motion, regardless of the sufficiency of the opposing papers. In determining a motion for summary judgment, evidence must be viewed in the light most favorable to the non-moving party, and all reasonable inferences must be resolved in favor of the non-moving party.  The court's function on a motion for summary judgment is not to resolve issues of fact or to determine matters of credibility, but merely to determine whether such issues exist.

Moonilal v. Roman Catholic Church of St. Mary Gate of Heaven, NY Slip Op 01172 (2d Dep't March 6, 2024)

Here is the decision.

Appellate practice.

The record does not reflect that the defendant moved to set aside or vacate the judgment of foreclosure and sale. As a result, this fact-based argument is unpreserved.

Taylor, Bean & Whitaker Mtge. Corp. v. Daniel, NY Slip Op 01262 (1st Dep't March 7, 2024)

Here is the decision.

Artibration.

A party moving to compel arbitration, pursuant to CPLR 7503, has the burden of establishing the existence of a valid agreement.

Lisi v. Nw York Ctr. for Rehabilitation & Nursing, 01171 (2d Dep't March 6, 2024)

Here is the decision.

Guarantors' liability.

An unconditional guarantor cannot allege a mutual mistake defense regarding the underlying contracts.

Valley Natl. Bank v. TDS Cab Corp., NY Slip Op 01264 (1st Dep't March 7, 2024)

Here is the decision.