In finding that CPLR 5236(b) did not apply in the case, the Second Department described the two options a mortgagee has with respect to recovery based on a note and mortgage: CPLR 5236(b) provides, in relevant part, that “[r]eal property mortgaged shall not be sold pursuant to an execution issued upon a judgment recovered for […]
In affirming Supreme Court’s determination that petitioner’s discovery demands in a property tax assessment matter were overbroad, the Second Department wrote: …[T]he document demands, even limited to those concerning tax years 2008/2009, 2010/2011, and 2011/2012, were of an overbroad and burdensome nature. Although CPLR 3101(a) provides for “full disclosure of all matter material and necessary […]
The Second Department upheld Supreme Court’s grant of a motion to amend a complaint to add a cause of action for wrongful death “long after the action ha[d] been certified for trial…”. The Second Department explained: Although the plaintiff delayed in making the motion, ” [m]ere lateness is not a barrier to the amendment. It […]
In this Labor Law action, the Second Department explained the factors to be considered in a motion to amend the pleadings, and the factors to be considered in a motion for additional depositions: Applications for leave to amend pleadings should be freely granted except when the delay in seeking leave to amend would directly cause […]
In finding Supreme Court should have held a hearing on whether defendant [Goldberger] was properly served with a complaint in a foreclosure action (in which the defendant did not appear), the Court noted that the fact defendant had unsuccessfully filed for bankruptcy after the judgment of foreclosure did not prevent him from contesting service of […]
The Second Department determined plaintiff waited too long before objecting to an insufficient verification in the answer: A party must “give[ ] notice with due diligence” that he or she intends to treat a pleading as a nullity pursuant to CPLR 3022 on the ground that the pleading was served with an insufficient verification (CPLR […]
In affirming the denial of plaintiff’s motion for summary judgment on liability in an automobile-accident case, the Second Department explained the plaintiff failed to demonstrate freedom from comparative negligence as a matter of law: “There can be more than one proximate cause [of an accident] and, thus, the proponent of a summary judgment motion has […]
In finding Supreme Court should have granted summary judgment in favor of the passenger-plaintiff, who was injured when the driver-defendant lost control of his car and struck a fence, the Second Department wrote: The plaintiffs made a prima facie showing of their entitlement to judgment as a matter of law by submitting evidence that this […]
Plaintiff, while playing baseball, fell on a concrete pathway adjacent to the outfield while running to catch a ball. The Second Department determined the doctrine of primary assumption of risk applied to risks associated with the construction of the playing field: …[T]he Supreme Court properly granted the defendants’ separate motions for summary judgment dismissing the […]
In reversing the denial of summary judgment to the plaintiff in a rear-end collision case, the Second Department determined the pre-deposition motion for summary judgment should not have been dismissed as premature: The Supreme Court erred in concluding that the plaintiffs’ motion was premature. A party who contends that a summary judgment motion is premature […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy