Proof establishing entitlement to a preliminary injunction must be by affidavit or other competent proof, with evidentiary detail. The element of likelihood of success on the merits may be sufficiently established even where the facts are in dispute and the evidence is inconclusive.
New York Mar. & Gen. Ins. Co. v. Millennia Assur., Inc., NY Slip Op 04964 (1st Dep't September 11, 2025)
Allegations that corporate funds were diverted to make it judgment-proof or that the corporation was dissolved without appropriate reserves are sufficient to satisfy the pleading requirement to pierce the corporate veil on an alter-ego theory. The law does not require that the parent company's actions be fraudulent, only that they result in a wrong or an inequity.
Rich v. J.A. Madison, LLC, NY Slip Op 04818 (1st Dep't August 28, 2025)
The doctrine of the law of the case applies to legal determinations that were necessarily resolved on the merits in the prior decision, and to the same questions presented in the same case, and where the parties had a full and fair opportunity to litigate the initial determination. When the court executes an order which is jurisdictionally valid, that order becomes the law of the case which may be undone only by appellate review and reversal, or by application to reargue or renew or to vacate made to the ordering judge.
Lloyd v. Lloyd, NY Slip Op 04776 (2d Dep't August 27, 2025)
As the plaintiff's contentions relate to motions previously decided in two orders, and he did not file a notice of appeal from either of those orders, his contentions are not properly before the Appellate Division, pursuant to CPLR 5515.
Kelsey v. Anonymous #2, NY Slip Op 04773 (2d Dep't August 27, 2025)
Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party. However, there are three exceptions to the general rule: (1) where the contracting party, in failing to exercise reasonable care in the performance of its duties, launches a force or instrument of harm; (2) where the plaintiff detrimentally relies on the continued performance of the contracting party's duties; and (3) where the contracting party has entirely displaced the other party's duty to maintain the premises safely. Where the pleadings do not allege facts which establish the applicability of an exception, a defendant is not required to affirmatively demonstrate that the exceptions do not apply in order to establish its prima facie entitlement to judgment as a matter of law.
Kapoian-Trapani v. City of New York, NY Slip Op 04772 (2d Dep't August 27, 2025)
A party may plead a cause of action alleging legal malpractice where the defendant drafted a usurious loan document that is not excepted from the usury laws.
Salamone v. Deily & Glastetter, LLP, NY Slip Op 04846 (1st Dep't September 4, 2025)
Plaintiff raises issues that were or could have been litigated in an earlier action, and so he is precluded from relitigating them in this action.
Hall v. Deutsche Bank Natl. Trust Co., NY Slip Op 04768 (2d Dep't August 27, 2025)
The mere hope that, during discovery, evidence sufficient to defeat a motion for summary judgment may be uncovered is not enough to deny the motion as premature.
Wilson v. Tillman, NY Slip Op 04819 (1st Dep't August 28, 2025)
A so-ordered stipulation is a contract between the parties thereto and, as such, is binding on them and will be construed in accordance with contract principles and the parties' intent. When an agreement between parties is clear and unambiguous on its face, it will be enforced according to its terms and without resort to extrinsic evidence.
Gounder v Melrose Credit Union, NY Slip Op 04766 (2d Dep't August 27, 2025)
Pursuant to CPLR 5015(a), a party seeking to vacate a default in opposing a motion must offer a reasonable excuse and a potentially meritorious opposition.
Gounder v. Melrose Credit Union, NY Slip Op 04766 (2d Dep't August 27, 2025)
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