CPLR 3126.

A court may strike a pleading, or any part thereof, as a sanction against a party who refuses to obey an order for disclosure or willfully fails to disclose information which the court finds should have been disclosed.  The nature and degree of the sanction to be imposed on a 3126 motion is a matter of the court's discretion with the court, but the remedy of dismissal is only warranted where there has been a clear showing that the failure to comply with discovery demands is willful and contumacious. Willful and contumacious conduct may be inferred from a party's repeated failure to comply with court-ordered discovery, coupled with inadequate explanations for the failures, or a failure to comply with court-ordered discovery over an extended period of time.

Bouri v. Jackson, NY Slip Op 08552 (2d Dep't November 27, 2019)

Here is the decision.

Expert opinions.

The plaintiff's expert's opinion is admissible in support of opposition to the summary judgment motion in spite of the defendants' claim of the expert's lack of experience. Their claim goes to the weight given to the opinion, not its admissibility.

Pira v. Carasca, NY Slip Op 08523 (1st Dep't November 26, 2019)

Here is the decision.

Court holiday.

CPLR 327[a].

Even though some evidence and some witnesses are in New York, the court determined that New York is an inconvenient forum for this action in which the plaintiff alleges fraud and improper ouster from her position in a Bahamian company. All the allegedly tortious acts took place in the Bahamas, plaintiff's injury occurred in the Bahamas, and the company has it principal office in the Bahamas. In addition, Bahamian law will govern at least some of the claims.

Fernie v. Wincrest Capital, Ltd., NY Slip Op 08488 (1st Dep't November 21, 2019)

Here is the decision.

A motion to amend the bill of particulars.

The motion is denied as neither the original nor the amended notice of claim contained the proposed allegation, and the limitation period to assert it against defendant had passed.

Ebron v.. New York City Hous. Auth., NY Slip Op 08485 (1st Dep't November 21, 2019)

Here is the decision.

Statute of limitations as an affirmative defense.

The court may bar the assertion of the defense where the defendant's own wrongdoing resulted in the delay between the accrual of the cause of action and the institution of the legal proceeding.

Matter of New York City Asbestos Litig., NY Slip Op 08482 (1st Dep't November 21, 2019)

Here is the decision.

A motion to vacate or modify a preliminary injunction.

The motion is addressed to the sound discretion of the motion court and may be granted on a showing of compelling or changed circumstances that render continuation of the injunction inequitable.

456 Johnson, LLC v. Maki Realty Corp., NY Slip Op 08374 (2d Dep't November 20, 2019)

Here is the decision.

CPLR 5015[a][2], [3].

The motion for vacatur on the ground of newly discovered evidence is properly denied where the evidence on which the movant relies could have been timely submitted in opposition to plaintiff's motion for summary judgment.

Deutsche Bank Natl. Trust Co. v. Williams, NY Slip Op 08372 (1st Dep't November 19, 2019)

Here is the decision.

CPLR 3211(a)(7).

Where evidentiary material is submitted and considered on the motion to dismiss the complaint and the motion is not converted into one for summary judgment, the question is whether the plaintiff has a cause of action, not whether the plaintiff has stated one. Unless it is shown that a material fact as claimed by the plaintiff is not a fact at all, and unless it can be said that there is no significant dispute regarding it, the motion should be denied.

Williston v. Jack Resnick & Sons, Inc., NY Slip Op 08247 (2d Dep't November 13, 2019)

Here is the decision.

Claims agains the Port Authority.

The Port Authority, albeit bistate, is subject to New York's laws involving health and safety, insofar as its activities may externally affect the public. Specifically, courts have repeatedly held that the Port Authority is subject to New York Labor Law.

Wortham v. Port Auth. of N.Y. & N.J., NY Slip Op 08278 (1st Dep't November 14, 2019)

Here is the decision.

CPLR 3116[a].

A movant's submission of its own deposition testimony is deemed to be an adoption of the testimony as accurate, and, therefore, admissible.

Singh v. New York City Hous. Auth., NY Slip Op 08272 (1st Dep't November 14, 2019)

Here is the decision.