Appellate Practice.

Plaintiff's appeal from the order denying her motion to resettle, which Supreme Court treated as a motion to reargue, must be dismissed. Regardless of how the motion is characterized, no appeal lies from an order denying resettlement, clarification, or reargument.

Genna v. Klempner, NY Slip Op 06020 (1st Dep't October 30, 2025)

Here is the decision.

Auto Accidents.

A driver who fails to yield the right-of-way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142(a), and is negligent as a matter of law. A driver with the right-of-way who has only seconds to react to a vehicle which has failed to yield is not comparatively negligent for failing to avoid the collision.

Canchari v. Goberdhan, NY Slip Op 05934 (2d Dep't October 29, 2025)

Here is the decision.

Adverse Possession.

In order to establish a claim of adverse possession, the occupation of the property must be (1) hostile and under a claim of right, (2) actual, (3) open and notorious, (4) exclusive, and (5) continuous for the statutory period of at least 10 years. As to the exclusivity element, the adverse possessor must alone care for or improve the disputed property as if it were his own. The hostility element is satisfied where an individual asserts a right to the property that is adverse to the title owner and also in opposition to the rights of the true owner. A claim of right means a reasonable basis for the belief that the property belongs to the adverse possessor or property owner, and can be founded on a written instrument.

Walters v. O'Quinn, NY Slip Op 05988 (2d Dep't October 29, 2025)

Here is the decision.

A Parent Corporation's Liability.

Absent complete domination and control over a wholly owned subsidiary, the parent corporation is exempt from liability for torts committed by the subsidiary.

Reyes v. 45 & 47 Wadsworth Ave. Co., LLC, NY Slip Op 06038 (1st Dep't October 30, 2025)

Here is the decision.

Piercing the Corporate Veil.

The courts will disregard the corporate form, or pierce the corporate veil, whenever necessary to prevent fraud or to achieve equity. A plaintiff seeking to pierce the corporate veil must show that (1) the owners exercised complete domination of the corporation in respect to the transaction attacked, and (2) that the domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff's injury. The mere claim that a corporation was completely dominated by its owners or conclusory claims that a corporation was the owners' alter ego do not merit the equitable relief of piercing the corporate veil. The court will consider factors such as whether there was a failure to adhere to corporate formalities, the lack of capitalization, co-mingling of assets, and the personal use of corporate funds.

Anderson v. ML Real Estate Holdings, LLC, NY Slip Op 05931 (2d Dep't October 29, 2025)

Here is the decision.

Contract Law: Warranties and Representations.

Where the contract expressly disclaims any warranties or representations, a cause of action alleging breach based on a warranty or representation does not lie.

4 Colonial Dr., LLC v. Suburban Consultants, Ltd., NY Slip Op 05930 (2d Dep't October 29, 2025)

Here is the decision.

Default Judgments.

A default judgment cannot exceed in amount or differ in the kind of relief from what is demanded in the complaint. The judgment is vacated and the matter remitted to the Supreme Court for entry of an amended judgment limiting the award to the amount originally demanded in the complaint.

Deutsch v. Levy, NY Slip Op 05790 (2d Dep't October 22, 2025)

Here is the decision.

Arbitration.

A party seeking to compel arbitration must establish that there is a valid agreement to arbitrate. General Business Law § 399-c voids arbitration clauses in a written contract for the sale of consumer goods to which a consumer is a party.

Chrzan v. Malinowski, NY Slip Op 05788 (2d Dep't October 22, 2025)

Here is the decision.

Contract Law: Recission.

Rescission is an equitable remedy, and a claim for rescission may be asserted only against a party to the contract.

Will B. Sandler Disclaimer Trust v. Swersky, NY Slip Op 05909 (1st Dep't October 23, 2025)

Here is the decision.

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.