Plaintiff, an English professor, brought suit for defamation and invasion of privacy based upon two articles in the defendant New York Post and on the websites of two other defendants. In affirming the trial court’s grant of summary judgment to the defendants, the First Department applied the facts of the case to the proof requirements […]
The First Department, in affirming the dismissal of fraud and negligent misrepresentation claims in a contract action, described the flaws in the complaint as follows: The court properly dismissed the fraud claim for failure to plead fraud with the particularity required by CPLR 3016(b) and for failure to plead loss causation … . The court […]
The First Department determined the defendants, who deliberately attempted to avoid notice of the summons and complaint, did not raise an issue of fact in the face of the affidavits of the process server: Relief under CPLR 317 is not warranted where, as here, defendants’ failure to obtain proper notice was the result of a […]
The First Department concluded preclusion and an adverse inference charge were appropriate discovery sanctions for defendant’s failure to produce documents and the apparent destruction of evidence: Having been conditionally ordered to produce all correspondence …, and the transcripts of the audio tapes of meetings …, in order to successfully oppose plaintiff’s motion for discovery sanctions, […]
The First Department, in a full-fledged opinion by Justice Roman, determined the defendant’s acknowledgment of a debt in his bankruptcy petition restarted the 20 statute of limitations for the enforcement of a judgment: Contrary to defendant’s contention, enforcement of the judgment issued against him is not barred by CPLR 211(b). While [plaintiff] first sought to […]
The relation back doctrine was applied in a medical malpractice action to allow the addition of a doctor as a defendant after the statute of limitations expired. The doctrine applies where “(1) both claims arose out of the same conduct, transaction, or occurrence, (2) the additional party is united in interest with the original party, […]
Plaintiffs brought an action for personal injuries and property damage allegedly caused by toxic emissions released by defendant Tonawanda Coke Corporation. An owner and officer of Tonawanda Coke (Crane) moved to dismiss the cause of action suing him in an individual capacity. In affirming the denial of that motion, the Fourth Department wrote: Although “[a] […]
The Fourth Department reversed the trial court and granted a summary judgment motion brought by the owners of a golf course. At a party that was not hosted by the landowners (and at which the landowners were not present), plaintiff was injured by another party-goer. In determining the landowners had demonstrated they were not liable, […]
The Fourth Department. in this negligence, Labor Law 200 and Labor Law 241 (6) action discussed the applicable theories of notice and liability for an allegedly dangerous condition just outside a portable toilet at the work site which caused plaintiff to fall and sustain injury. With respect to the Labor Law 241 (6) cause of action, […]
In affirming the denial of a summary judgment motion brought by the defendant-employer in an employment (disability) discrimination action, the Fourth Department determined the employer did not eliminate all the triable issues of fact concerning whether reasonable accommodation to the employee’s needs was possible: Assuming, arguendo, that defendant met its initial burden of establishing that […]
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