Unjust enrichment.

In order to prevail on an unjust enrichment claim, a party must show: (1) the defendant was enriched; (2) at plaintiff's expense;  and (3) that it is against equity and good conscience to permit the defendant to retain what is sought to be recovered.  Here, the parties do not dispute that the elements of a cause of action for unjust enrichment are met. Indeed, the sole owner, officer, and shareholder of the two defendant companies admits that he misappropriated the funds at issue. Equity does not allow a defendant contractor to keep misappropriated funds.

Allen v. Zizzi Constr. Corp., NY Slip Op 03234 (1st Dep't June 13, 2024)

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Schools' liability.

Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision. However, schools are not insurers of safety, as they cannot reasonably be expected to continuously supervise and control all movements and activities of students.

Acosta v. Yonkers Pub. Schs., NY Slip Op 03154 (2d Dep't June 12, 2024)

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Attorney-client relationships.

The court denied plaintiff's motion for summary judgment on her forfeiture of legal fees claim and granted defendant's motion for summary judgment dismissing the claim. A client may terminate the relationship with an attorney at any time, with or without cause.  Where a client discharges an attorney for cause, the attorney has no right to compensation, even where there is a specific retainer agreement.  Although a hearing is normally required to determine whether an attorney has been discharged for cause, a hearing is not required where, as here, the client did not seek termination for cause until after defendant had already completed her services and had obtained a favorable settlement for plaintiff.

Kasmin v. Josephs, NY Slip Op 03085 (1st Dep't June 6, 2024)

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Protective orders.

Pursuant to CPLR 3103(a), the Supreme Court may issue a protective order precluding disclosure that is palpably improper in that it seeks irrelevant and/or confidential information, or is overly broad and burdensome.

Espinoza v. Tejeda, NY Slip Op 03031 (2d Dep't June 5, 2024)

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Premises liability.

The owner and operator of a supermarket, a place of public assembly, has a non-delegable duty to the general public to keep its premises safe. Therefore, tbe owner can be held vicariously liable for any negligence on the part of a distributor that caused the premises to be unsafe.

Poidomani v. Shop-Rite Supermarkets, Inc., NY Slip Op 03097 (1st Dep't June 6, 2024)

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Domestication and enforcement of a foreign judgment.

Plaintiff was entitled to summary judgment, pursuant to CPLR 3213 and article 53, based upon the domestication and enforcement of a foreign judgment. Plaintiff obtained the Casablanca judgment, which was affirmed by the highest court in Morocco, the Court of Cassation. The Casablanca judgment is final, conclusive, and enforceable, even if an appeal is pending and not all procedural requirements for execution abroad have been satisfied, pursuant to CPLR 5302[a][2]. Nothing about the posture of litigation in Morocco renders the judgment unenforceable.

Kotbi v. Najjar, NY Slip Op 03087 (1st Dep't June 6, 2024)

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Motions to dismiss.

 On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the complaint is to be afforded a liberal construction, the facts alleged are presumed to be true, the plaintiff is afforded the benefit of every favorable inference, and the court is to determine only whether the facts as alleged fit within any cognizable theory. 'If the court considers evidentiary material, the criterion then becomes whether the proponent of the pleading has a cause of action, not whether the complaint has stated one.

Damon v. Clove Lakes Healthcare & Rehabilitation Ctr., Inc., NY Slip Op 03029 (2d Dep't June 5, 2024)

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Defaulting on a summary judgment motion.

A party seeking to vacate an order entered upon a default in opposing a motion for summary judgment must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion.  The determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court. A court has the discretion to accept law office failure as a reasonable excuse where that claim is supported by a detailed and credible explanation. Here, the plaintiff provided a reasonable excuse for her failure to submit a timely opposition to the defendant's motion. Moreover, on appeal, the defendant does not contest the Supreme Court's determination that the plaintiff established a reasonable excuse for her default in opposing the defendant's motion for summary judgment dismissing the complaint.

Charles v. Nouveau El. Indus., Inc., NY Slip Op 03027 (2d Dep't June 5, 2024)

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Condominium law.

An individual unit owner cannot withhold payment of common charges and assessments in derogation of the condominium's by-laws based on defective conditions in the unit or in the common areas, or a disagreement with actions lawfully taken by the Board of Managers.

Board of Mgrs. of Villas on the Lake Condominium v. Policicchio, NY Slip Op 03026 (2d Dep't June 5, 2024)

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Contract law.

Under long-standing rules of contract interpretation, where the terms of a contract are clear and unambiguous, the parties' intent must be found within the four corners of the contract, giving a practical interpretation to the language employed and reading the contract as a whole.  The contract must be construed in a manner which gives effect to each and every part, so as not to render any provision meaningless or without force or effect. Agreements that are negotiated at arm's length by sophisticated parties, represented by counsel, are enforced according to their plain language pursuant to New York's strong public policy favoring freedom of contract.

Matter of 195 B Owner LLC v. Anthropologie, Inc., NY Slip Op 03073 (1st Dep't June 6, 2024)

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Enforcing a guaranty.

A guaranty is a promise to fulfill the obligations of another party, and is subject to the ordinary principles of contract construction. On a motion for summary judgment to enforce a written guaranty, all that the creditor need prove is an absolute and unconditional guaranty, the underlying debt, and the guarantor's failure to perform under the guaranty.

20 Rewe St. Ltd. v. Zheng, NY Slip Op 03024 (2d Dep't June 5, 2024)

Here is the decision.