Medical malpractice.

The essential elements of medical malpractice are (1) a deviation or departure from accepted medical practice, and (2) evidence that the departure was a proximate cause of injury. On a motion for summary judgment dismissing the complaint, the defendant has the initial burden of establishing the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby. Expert affirmations that do not address the essential factual allegations in the complaint or bill of particulars do not establish prima facie entitlement to judgment as a matter of law.

Delia v. Wieder, NY Slip Op 01604 (2d Dep't March 19, 2025)

Here is the decision.

Premises liability.

An injury resulting from a trivial defect, not constituting a trap or nuisance, is not actionable. In determining whether a defect is trivial, the court must examine the width, depth, elevation, irregularity, and appearance of the defect, along with the time, place, and circumstance of the injury. There is no minimal dimension test or per se rule that a defect must be of a certain minimum height or depth in order to be actionable.

Brown v. Heron Flatbush, LLC, NY Slip Op 01603 (2d Dep't March 19, 2025)

Here is the decision.

Nonconforming goods.

A proven nonconformity of goods delivered does not negate the requirement of notice of rejection within a reasonable time, pursuant to UCC § 2-602[1].

Thread Counsel, Inc. v. State of New York, NY Slip Op 01435 (1st Dep't March 13, 2025)

Here is the decision.

Vacating a default.

Pursuant to CPLR 5015(a)(1), "[t]he court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person . . . upon the ground of . . . excusable default." A party seeking to vacate an order entered upon a default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion. Law office failure may qualify as a reasonable excuse for a party's default if the claim of such failure is supported by a credible and detailed explanation of the default.

Bayron Chay Mo v. Ultra Dimension Place, LLC, NY Slip Op 01338 (2d Dep't March 12, 2025)

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Agency law.

A corporation is deemed to have ratified its agent's acts if it retains the benefit of those acts for corporate purposes. The corporation cannot retain the product of the agent's fraudulent representations and, at the same time, repudiate the agency and methods which brought it into being. Therefore, the agent's fraud can be imputed to the corporation,

53 Spencer Realty, LLC v Fidelity Natl. Title Ins. Co., NY Slip Op 01336 (2d Dep't March 12, 2025)

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Contract law.

A simple breach of contract, without more, is insufficient to warrant piercing the corporate veil.

Cedar Capital Group Mgt., Inc. v. Lillie, NY Slip Op 01569 (1st Dep't March 18, 2025)

Here is the decision.

Personal jurisdiction.

After multiple unsuccessful attempts at court-ordered personal service, the Family Court directed the father to serve the mother in accordance with CPLR 308(4) may be accomplished "by affixing the summons to the door of either the . . . dwelling place or usual place of abode within the state of the person to be served and by . . . mailing the summons to such person at his or her last known residence." In moving to dismiss the petition due to lack of personal jurisdiction, the mother effectively acknowledged that she had received a copy of the summons and petition affixed to the door of her home but stated simply, "To date, I have not received any mailing of the summons/petition."

In opposition, the father submitted an affidavit of service from a process server, in which the process server averred that he had mailed the summons to the mother at her residence by enclosing it in a post-paid wrapper marked "'Personal and Confidential'" and delivering it to a branch of the United States Postal Service, pursuant to CPLR 3211[e]. In reply, the mother failed to submit an affidavit elaborating on her bare denial of receipt of the summons and petition by mail at her admitted residence.

The Appellate Division determined that the Family Court erred in directing a hearing to determine the validity of service of process upon the mother and should have found that service of process upon the mother was properly effectuated. The Appellate Division also noted that, in any event, the court had no authority to dismiss the petition for lack of personal jurisdiction, citing Domestic Relations Law § 76[3].

Matter of Rodriguez v. Escobar, NY Slip Op 01224 (2d Dep't March 5, 2025)

Here is the decision.

Damages for personal injuries.

A jury award of damages is given great deference on appeal, but the award may be set aside if it deviates materially from reasonable compensation, as measured by similar cases and considering the nature and extent of the injuries.

Murray v. County of Suffolk, NY Slip Op 01225 (2d Dep't March 5, 2025)

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Religious disputes.

A religious dispute is justiciable only if it can be resolved based on neutral principles of law without reference to any religious principle.

New Hope Christian Church, Inc. v. Parks, NY Slip Op 01227 (2d Dep't March 5, 2025)

Here is the decision.

Leave to amend.

Granting leave to amend a complaint to add a claim does not preclude dismissal of that claim on a subsequent motion.

Thoro-Graph, Inc. v. New York Racing Assn., Inc., NY Slip Op 01306 (1st Dep't March 6, 2025)

Here is the decision.

Motions to dismiss.

In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory. Defendants bear the burden of establishing that the complaint fails to state a viable cause of action.

Ramirez-Gomez v. Empire Today, LLC, NY Slip Op 01248 (2d Dep't March 5, 2025)

Here is the decision.