1944.

Amended complaints.

Once the plaintiff served the amended complaint, the original complaint was superseded, and the amended complaint became the only complaint in the action. The court must proceed as though the original pleading had never been served.

Zaiger, LLC v. Bucher Law, PLLC, NY Slip Op 03268 (1st Dep't May 28, 2025)

Here is the decision.

Damages for emotional distress.

Plaintiff's claim for damages due to emotional distress is not defeated by the absence of psychiatric or other medical treatment.

Theroux v. Resnicow, NY Slip Op 03292 (1st Dep't June 3, 2025)

Here is the decision.

Employment Law.

A plaintiff alleging discrimination under the New York State Human Rights Law must establish: (1) membership in a protected class; (2) qualification to hold the position; (3) an adverse employment action; and (4) that the adverse action occurred under circumstances giving rise to an inference of discrimination. A plaintiff may raise such an inference by showing less favorable treatment by comparison to similarly situated employees outside the protected group. The "similarly situated" standard does not require identical circumstances, but the circumstances must be similar in significant respects.

Castro v. City Univ. of N.Y., NY Slip Op 03175 (2d Dep't May 28, 2025)

Here is the decision.

Summary Judgment.

A motion for summary judgment may not be made before issue is joined and the requirement is strictly adhered to.

Brooklyn Bound Realty Corp. v. Charles, NY Slip Op 03174 (2d Dep't May 28, 2025)

Here is the decision.

Motions to dismiss.

Under CPLR 3211(a)(1), a dismissal is warranted only if the documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law. Affidavits, emails, and letters are not considered documentary evidence within the meaning of CPLR 3211(a)(1).

Bernstein v. Jacobson, NY Slip Op 03173 (2d Dep't May 28, 2025)

Here is the decision.

Motions to dismiss.

The single motion rule does not bar a defendant from moving to dismiss the new claim asserted in the amended complaint.

Zaiger, LLC v. Bucher Law, PLLC, NY Slip Op 03268 (1st Dep't May 29, 2025)

Here is the decision.

Service.

Any purported error in the service of the amended pleading upon was not jurisdictional in nature and, in the absence of any apparent prejudice to the defendant, can and should be ignored by the court, pursuant to  CPLR 3012[a].

399 Broadway Holdings, LLC v. Das, NY Slip Op 03172 (2d Dep't May 28, 2025)

Here is the decision.

Foreclosure.

An action to foreclose a mortgage is governed by a six-year statute of limitations, pursuant to CPLR 213[4]. Even if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the statute of limitations begins to run on the entire debt. Acceleration occurs by the commencement of a foreclosure action wherein the holder of the note elects in the complaint to call due the entire amount secured by the mortgage.

Deutsche Bank Nat'l Trust Co. v. Sylvestre, NY Slip Op 03039 (2d Dep't May 21, 2025)

Here is the decision.

Contract law.

Expectation damages is the general measure of damages in a breach of contract case under New York law.

Telefonico S.A. v. Millicom Intl. Cellular S.A., NY Slip Op 03153 (1st Dep't May 22, 2025)

Here is the decision.

Vacating a default.

A defendant seeking to vacate a default and to compel the plaintiff to accept an untimely answer must show both a reasonable excuse for the default and the existence of a potentially meritorious defense. The determination of what constitutes a reasonable excuse lies within the trial court's discretion.

Here, service was made by delivering copies of the summons and complaint to the Secretary of State, and evidence in admissible form from the defendant's affidavit established that the default was caused by the Secretary of State's delay in forwarding the copies of the summons and complaint to the defendants. The Secretary of State's delay in forwarding the papers is a reasonable excuse for the default.

BJ Integra Affordable, LLC v. Vanmew,Hous. Dev. Fund Corp.,  NY Slip Op 03035 (2d Dep't May 21, 2025)

Here is the decision.