CPLR 4404(a).

A trial court has the discretion to set aside a jury verdict and order a new trial where the verdict is clearly the product of substantial confusion among the jurors.

Wright v. City of New York, NY Slip Op 00495 (2d Dep't January 23, 2019)

Here is the decision.

Waiver of an objection to discovery.

A plaintiff waives any objection to the adequacy and timeliness of the defendants' disclosure of certain evidence by filing a note of issue and certificate of readiness stating that disclosure was complete and that there are no outstanding requests for disclosure.

Mordekai v. City of New York, NY Slip Op 00431 (2d Dep't January 23, 2019)

Here is the decision.

CPLR 3215(c).

If the plaintiff does not have the judgment entered within one year after a default, the court shall dismiss the complaint as abandoned, absent a showing of reasonable excuse for the delay in entering the judgment and a potentially meritorious action.

HSBC Bank USA, N.A. v. Myers, NY Slip Op 00424 (2d Dep't January 23, 2019)

Here is the decision.

A dismissed claim for malicious prosecution.

Practice point:  A showing of probable cause for the arrest defeats the claim.

Sanchez v. City of New York, NY Slip Op 00538 (1st Dep't January 24, 2019)

Here is the decision.

Service of an order to show cause.

Practice point:  The service requirements specified in the order are jurisdictional in nature, and, on that ground, the defendant may challenge the entry of the order.

Boucan NYC Café, LLC v. 467 Rogers, LLC, NY Slip Op 00416 (2d Dep't January 23, 2019)

Here is the decision.

Disclosure of social media.

Private social media information is discoverable to the extent that it contradicts or conflicts with the plaintiff's claims, with appropriate limits as to time.

Vasquez-Santos v. Mathew, NY Slip Op 00541 (1st Dep't January 24, 2019)

Here is the decision.

An alleged breach of a coop board member's fiduciary duty.

Where the plaintiff does not allege individual wrongdoing by defendant board members separate and apart from the board's collective action taken on behalf of the cooperative, a breach of fiduciary duty claim does not lie against the individual defendants.

Graham v. 420 E. 72nd Tenant Corp., NY Slip Op 00409 (1st Dep't January 22, 2019)

Here is the decision.

CPLR 6312 and preliminary injunctions.

Pursuant to CPLR 6312[b], before a preliminary injunction is granted, the plaintiff must give an undertaking in an amount to be fixed by the court. In the event of a final determination that the plaintiff was not entitled to an injunction, the plaintiff will pay to the defendant all damages and costs which may be sustained by reason of the injunction.

Candlewood Holdings, Inc. v. Valle, NY Slip Op 00255 (2d Dep't January 16, 2019)

Here is the decision.

CPLR 3215 and default judgments.

To be entitled to a default judgment pursuant to CPLR 3215(f), a plaintiff must submit proof of service of the summons and the complaint, proof of the defendant's failure to answer or appear, and proof of the facts constituting the cause of action.

Caliguri v. Pentagon Fed. Credit Union, NY Slip Op 00254 (2d Dep't January 16, 2019)

Here is the decision.

CPLR 3025 and leave to amend.

Pursuant to CPLR 3025(b), leave to amend a pleading should be freely given, provided that the amendment is not palpably insufficient, does not prejudice or surprise the opposing party, and is not patently devoid of merit.

Bank of N.Y. v. C & L Interiors, Inc., NY Slip Op 00253 (2d Dep't January 16, 2019)

Here is the decision.

CPLR 5015 and vacating a default on the motion.

Pursuant to CPLR 5015(a)(1), the movant must demonstrate a reasonable excuse for the default and a potentially meritorious opposition to the motion.

Practice point:  The vague and unsubstantiated claim of law office failure is insufficient to establish a reasonable excuse for the default.

Bank of N.Y. Mellon v. Rici, NY Slip Op 00252 (2d Dep't January 16, 2019)

Here is the decision.