Leave to amend

A motion for leave to amend a pleading should not be granted where prejudice or surprise to the opposing party results directly from the moving party's delay. The determination to permit or deny amendment is committed to the sound discretion of the trial court. In exercising its discretion, the court should consider how long the party seeking the amendment was aware of the facts upon which the motion is predicated and whether there is a reasonable excuse for the delay.

Ofman v. Bluestone, NY Slip Op 02542 (2d Dep't May 8, 2024)

Here si the decision.

Right to a jury trial.

Claims seeking only money damages under the quasi-contractual theory of quantum meruit are actions at law, and, as such, the parties are entitled to a trial by jury. Defendant did not waive a jury trial, but, instead, filed his jury demand within fifteen days after service of the note of issue, and more than a year before the purported attorney fee hearing, pursuant to CPLR 4102[a]. Defendant did not lose his right to a jury trial when the motion and cross-motion for summary judgment were decided against him. Supreme Court erred by conducting a bench trial on damages.

Hilton Wiener LLC v. Zenk, NY Slip Op 02595 (1st Dep't May 9, 2024)

Here is the decision.

The law of the case.

The law of the case doctrine is a rule of practice that once an issue is judicially determined, further litigation of that tissue should be precluded in a particular case. The doctrine prevents the parties, or those in privity with them, from relitigating an issue decided in an ongoing action where there previously was a full and fair opportunity to address the issue.

Teshabaeva v. Family Home Care Servs. of Brooklyn & Queens, Inc., NY Slip Op 02610 (1st Dep't May 9, 2024)

Here is the decision.

Summary judgment.

Plaintiff argues that the motion for summary judgment is premature, but plaintiff has not shown that additional discovery is necessary The mere hope that evidence sufficient to defeat a motion for summary judgment may be uncovered during discovery is insufficient to deny the motion. 

The motion is granted, and the complaint is dismissed as against defendant.

Loja v. 133 Lincoln LLC, NY Slip Op 02504 (1st Dep't May 7, 2024)

Here is the decision. 

Defaults.

Plaintiff moved for a default judgment, pursuant to CPLR 3215(a), on the ground that defendant had failed to appear. However, defendant's 3211(a) motion to dismiss constituted an appearance. Plaintiff's motion is denied. 

Barbetta v. NBCUniversal Media, LLC, NY Slip Op 02514 (2d Dep't May 8, 2024)

Here is the decision.

Assumed duty of care.

Is a hotel subject to liability for failing to prevent a guest's suicide under a theory of assumed duty, where the hotel does not have custody or control of that guest but delays calling 911 after a family member's request?  No.  In moving to dismiss, the defendants met their prima facie burden, establishing that they neither assumed a duty of care nor proximately caused injury to the decedent. The plaintiffs' experts' speculative and conclusory assertions that the hotel's delay in calling 911 caused decedent's suicide is insufficient to raise an issue of fact.

Beadell v. Eros Mgt., NY Slip Op 02496 (1st Dep't May 7, 2024)

Here is the decision.

Contract law.

An interpretation that renders the contract illusory and, as a result, unenforceable is disfavored. The enforcement of the bargain is preferred, particularly where, in a writing, the parties have expressed their intent to be contractually bound.

Absent fraud or unconscionability, the adequacy of consideration is not a proper subject for judicial scrutiny.

RDF Agent, LLC v. Electric Red Ventures, LLC, NY Slip Op 02384 (1st Dep't May 2, 2024)

Here is the decision.

Exculpatory agreements.

A valid release constitutes a complete bar to an action on a claim which is the subject of the release. Where the language of the exculpatory agreement expresses in unequivocal terms the parties' intention to relieve a defendant of liability for its own negligence, the agreement will be enforced.

Soloviev v. Ross Sch., NY Slip Op 02341 (2d Dep't May 1, 2024)

Here is the decision.

Summary judgment.

Pursuant to CPLR 3212[f], a summary judgment motion may be denied as premature on a showing that essential facts in opposition to the motion are exclusively within the movant's knowledge and control, and that additional discovery might lead to relevant evidence.

Haskins v. Metropolitan Transp. Auth., NY Slip Op 02368 (1st Dep't May 2, 2024)

Here is the decision.

Judgment as a matter of law.

A motion for judgment as a matter of law pursuant to CPLR 4404(a) may be granted only when the trial court determines that, upon the evidence presented, there is no valid line of reasoning and permissible inferences which could possibly lead rational persons to the conclusion reached by the jury upon the evidence presented at trial, and no rational process by which the jury could find in favor of the nonmoving party.

Shouldis v. Strange, NY Slip Op 02340 (2d Dep't May 1, 2024)

Here is the decision.

Motions to dismiss.

On a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory. Whether the plaintiff can ultimately establish the allegations is not part of the calculus.

Rubin v. Poly Prep Country Day Sch., NY Slip Op 02339 (2d Dep't May 1, 2024)

Here is the decision.