Motion for Renewal.

Defendant's motion for renewal is denied as untimely, since it was filed after the time to appeal from the judgment had passed.

Wilmington Sav. Fund Socy. FSB v. Scaffidi, NY Slip Op 05910 (1st Dep't October 23, 2025)

Here is the decision.

Amending a Pleading.

A party may amend its pleading at any time by leave of court or by stipulation of all parties, pursuant to CPLR 3025[b]. Whether to grant leave to amend is within the trial court's discretion. Leave to amend a pleading should be granted where the amendment is neither palpably insufficient nor patently devoid of merit, and the delay in seeking amendment does not prejudice or surprise the opposing party. The burden of demonstrating prejudice or surprise, or that a proposed amendment is palpably insufficient or patently devoid of merit, falls upon the party opposing the motion. No evidentiary showing of merit is required under CPLR 3025(b).

Deutsche Bank Natl. Trust Co. v. David, NY Slip Op 05791 (2d Dep't October 22, 2025)

Here is the decision.

Written Orders.

A written order must conform strictly to the court's decision, and in the event of an inconsistency, the decision controls. An inconsistency may be corrected either by way of a motion for resettlement or on appeal, pursuant to CPLR 2221 and 5019[a].

American Tr. Ins. Co. v. Hackensack Surgery Ctr., LLC, NY Slip Op 05787 (2d Dep't October 22, 2025)

Here is the decision.

Preclusion.

A conditional order of preclusion requires a party to provide discovery by a date certain, or face the sanctions specified in the order. The court will not inquire as to whether the failure to cooperate had been willful. Failure to comply with the order makes it absolute.

Alston v. New York City Tr. Auth., NY Slip Op 05786 (2d Dep't October 22, 2025)

Here is the decision.

Appellate Practice.

An appellate court's resolution of an issue on a prior appeal constitutes the law of the case and is binding on the Supreme Court, as well as on the appellate court.

Congregation Erech Shai Bais Yosef, Inc. v. Werzberger, NY Slip Op 05666 (2d Dep't October 15, 2025)

Here is the decision.

Summary Judgment.

A party may raise an unpleaded issue on summary judgment if the other party is not taken by surprise and does not suffer prejudice. Here, there was no surprise because the issue was discussed at the depositions of at least two defendants.

White v. Turitz, NY Slip Op 05758 (1st Dep't October 16, 2025)

Here is the decision.

Disqualification of an Attorney.

The disqualification of an attorney rests within the sound discretion of the court. Although a party's entitlement to be represented in ongoing litigation by counsel of its own choosing is a valued right, that right will not supersede a clear showing that disqualification is warranted. On a motion to disqualify an attorney, the moving party bears the burden of showing that disqualification is warranted.

Congregation Erech Shai Bais Yosef, Inc. v. Werzberger, NY Slip Op 05665 (2d Dep't October 15, 2025)

Here is the decision.

Unknown Defendants.

Pursuant to CPLR 1024, "[a] party who is ignorant, in whole or in part, of the name or identity of a person who may properly be made a party, may proceed against such person as an unknown party by designating so much of his name and identity as is known." Reliance on the statute requires the plaintiff to exercise due diligence to identify the defendant prior to the running of the statute of limitations. Failure to exercise due diligence to ascertain the John Doe's name subjects the complaint to dismissal as to that party. The John Doe party must be described so as to fairly apprise the party that he is the intended defendant.

Abrego v. Tile World Import Corp., NY Slip Op 05661 (2d Dep't October 15, 2025)

Here is the decision.

Leave to Renew.

Supreme Court properly exercised its discretion in denying petitioner's motion for leave to renew, finding that the purportedly new facts would not have changed the judgment, pursuant to CPLR 2221[e][2].  The new information, which concerned whether respondents had relied on similar settlement agreements in other administrative proceedings, would not have altered the applicability of this settlement agreement to preclude judicial review.

383 W. Broadway Corp. v. Solomon, NY Slip Op 05741 (1st Dep't October 16, 2025)

Here is the decision.

Dismissal: Evidentiary Material.

Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one. Unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, the motion should be denied.

60 E. 196, LLC v. Tokio Mar. Specialty Ins. Co., NY Slip Op 05660 (2d Dep't October 15, 2025)

Here is the decision.

Negligence Claims.

The elements of a common-law negligence claim are a duty, its breach, and an injury proximately resulting therefrom. The duty element may be rooted in a relationship between the plaintiff and the defendant or between the defendant and a third-person tortfeasor.

Aydiner v. Quijije, NY Slip Op 05489 (2d Dep't October 8, 2025)

Here is the decision.