April 4, 2024

Motions for summary judgment.

The affirmation submitted in opposition to the motion must be deemed an effort to create a feigned issue of fact, in light of the affiant's prior contradictory deposition testimony.

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.

April 3, 2024

Disability discrimination claims.

A defendant will be granted summary judgment on a disability discrimination cause of action pursuant to New York City Human Rights Law where the plaintiff cannot point to any instances where similarly situated employees were treated differently. 

Rodriguez v. New York City Hous. Auth., NY Slip Op 01278 (1st Dep't March 12, 2024)

Here is the decision.

April 2, 2024

Discovery.

It is within the motion court's discretion to determine whether to impose a discovery penalty and the nature of any penalty that may be imposed.

Huili Ma v. Hui Chen, NY Slip Op 01347 (1st Dep't March 14, 2024)

Here is the decision.

April 1, 2024

Appellate practice.

The order appealed from is not appealable as of right because it was not made in an action and did not decide a motion made upon notice, pursuant to CPLR 5701[a][2].

Bartlett v. Tribeca Lending Corp., NY Slip Op 01668 (1st Dep't March 26, 2024)

Here is the decision.

March 26, 2024

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.

March 25, 2024

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.