Blogs

Monthly Archives: November 2017

Posted: November 21, 2017

Expert Testimony Required to Support Claim for Architectural Malpractice

On November 15, 2017, the Second Department issued a decision in Herman v. Franke, Gottsegen, Cox Architects, 2017 NY Slip Op. 07980, granting defendants summary judgment on a professional malpractice claim due to the plaintiff’s failure to submit expert testimony in opposition to the defendants’ motion, explaining: A claim of professional malpractice requires proof that… Read more »

Posted: November 20, 2017

Fraud Claim Time-Barred; Plaintiffs Failed Timely to Take Action After They Had Inquiry Notice of Claim

On November 14, 2017, the First Department issued a decision in Moses v. Dunlop, 2017 NY Slip Op. 07962, holding that a fraud claim was time-barred because of the plaintiffs’ failure timely to bring suit after they had inquiry notice of their claim, explaining: The fraud claims, to the extent they arise from conduct that… Read more »

Posted: November 18, 2017

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Administrative Board of the Courts has asked for public comment on a proposed change to the Commercial Division rules that provides “sample ‘privilege claw-back’ language for use in the standard form of stipulation and order for the production of confidential information in matters before the Commercial Division.” E-mail comments on this proposal to rulecomments@nycourts.gov… Read more »

Posted: November 16, 2017

Non-Party With Knowledge of Order Held in Contempt for Violating It

On November 14, 2017, the First Department issued a decision in Tishman Construction Corp. v. United Hispanic Construction Workers, Inc., 2017 NY Slip Op. 07967, holding a non-party in contempt for violating an order of which he had knowledge, explaining: The court properly found that appellants disobeyed the stipulation and order, which was negotiated by… Read more »

Posted: November 15, 2017

Resolving Split, Third Department Rules That Motion to Amend Requires No Showing of Merit

On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc., 2017 NY Slip Op. 07918, resolving a split between the appellate divisions by holding that a motion to amend requires no showing of merit, explaining: Pursuant to CPLR 3025(b), a party may amend its pleadings… Read more »

Posted: November 14, 2017

Successor Judge Should Have Adhered to Prior Judge’s Holdings Under Law of Case Doctrine

On November 9, 2017, the First Department issued a decision in Glaze Teriyaki, LLC v. MacArthur Properties I, LLC, 2017 NY Slip Op. 07770, holding that it was error for a successor judge not to adhere to a prior judge’s holdings under the law of the case doctrine, explaining: Despite its earlier ruling that Justice… Read more »

Posted: November 13, 2017

Reports Prepared by Consultant During Investigation of Claims Held Not Privileged or Work Product

On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc., 2017 NY Slip Op. 07909, holding that a report evaluating litigation claims prepared by a consultant engaged by counsel was not privileged or entitled to protection as work product, explaining: During this collection litigation, Cool… Read more »

Posted: November 12, 2017

Court Decides Forum Non Conveniens Motion Without Deciding Personal Jurisdiction Issues

On October 30, 2017, Justice Friedman of the New York County Commercial Division issued a decision in Estate of Kainer v. UBS AG, a Swiss Corp., 2017 NY Slip Op. 32316(U), deciding a forum non conveniens motion without first determining whether the court had jurisdiction over the moving defendant, explaining: As a threshold matter, the… Read more »