Discovery law.

The admissibility of evidence has no bearing on whether the requested information is discoverable.

J.L. v. Archdiocese of N.Y., NY Slip Op 01771 (1st Dep't March 25, 2025)

Here is the decision.

Leave to file a late notice of claim.

Leave is granted where the record shows that the defendant had actual knowledge of the essential underlying facts of its employee's involvement in the accident, the police report, and the accident information exchange form. Petitioner sustained his burden of showing that defendants would not be substantially prejudiced in maintaining a defense on the merits. Any alleged prejudice is undermined by defendants'' contemporaneous investigation, including taking photos of the location as it was at the time of the accident. Defendants' conclusory assertion of prejudice resulting from the 11-month delay in serving the notice of claim is insufficient because they do not assert that the bus operator or the supervisor who investigated the accident are unavailable.

Matter of Williams v. New York City Tr. Auth., NY Slip Op 01782 (1st Dep't March 25, 2025)

Here is the decision.

Appellate practice.

After a nonjury trial, the Appellate Division's power to review the evidence is as broad as the trial court's. The Appellate Division may render a judgment it finds warranted by the facts, giving due regard to the fact that the trial court was able to assess witness credibility.

Sklavonitis v. State of New York, NY Slip Op 01662 (2d Dep't March 19, 2025)

Here is the decision.

Foreclosure sales.

A court may exercise its inherent equitable power to ensure that a sale conducted pursuant to a judgment of foreclosure and sale is not made the instrument of injustice. The court may set aside a foreclosure sale where fraud, collusion, mistake, or misconduct casts suspicion on the fairness of the sale.

U.S. Bank, N.A. v. Singh, NY Slip Op 01664 (2d Dep't March 19, 2025)

Here is the decision.

Leave to intervene.

"Upon timely motion, any person shall be permitted to intervene in any action . . . when the action involves the disposition or distribution of, or the title or a claim for damages for injury to, property and the person may be affected adversely by the judgment," pursuant to CPLR 1012[a][3].  A timely motion for leave to intervene will be granted when the intervenor has a real and substantial interest in the outcome of the proceedings.

Windward Bora, LLC v. Home Funds Direct, NY Slip Op 01667 (2d Dep't March 19, 2025)

Here is the decision.

Contractual time-bars.

The court will enforce a contractual provision setting the time within which an action must be commenced.

Spectrum Inc. Gen. Contr. v. Capital One Bank USA, N.A., NY Slip Op 01725 (1st Dep't March 20, 2025)

Here is the decision.

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)

Here is the decision.

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)

Here is the decision.