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| NOTEWORTHY | IF YOU MUST READ | ||
| NOTEWORTHY (3 summaries) | |||
| MUST READS | IF YOU MUST READ | ||
 In a rare appellate decision on deposition objections, the First Department found that overall defense counsel’s questions were not persistently ‘frivolous, repetitive, or meritless’ even though some were not well founded and the witness was generally allowed to answer. Conflict between CEO’s affidavit and super’s testimony not sufficient to reopen discovery after plaintiff filed Note of Issue and plaintiff had the opportunity to question super about wet conditions on the stairs. There was no proof that failure to provide agreements between defendants violated any court order. Plaintiff’s motion to strike defendants’ Answer providently denied. Flowers v Cora Realty Co. LLC ✉ |
| Montefiore Medical Center’s (MMC) motion to dismiss malpractice claims granted on documentary proof it had no duty to decedent whom it never treated at its Bronx facility. Defendants’ motions to change venue from Bronx to Rockland County where decedent was treated at Nyack Hospital granted on documentary proof Nyack and MMC were separate entities even though both are owned by Montefiore Health Systems, Inc., MMC did not own Nyack, there were no factual allegations of dominion/control to support piercing the corporate veil, and mere hope discovery would turn up factual allegations was insufficient to deny motion. Yovich v Montefiore Nyack Hosp. ✉ Comment: From lower court decision, MMC’s only involvement was to refuse a transfer to the Bronx so that decedent could get more immediate care locally. |
| Condo failed to meet burden for summary judgment dismissing negligence and detrimental reliance claims where tenant testified she knew and relied on building protocol of obtaining tenant’s consent before sending anyone up in opening door for food delivery person who sexually assaulted her. Sackas v 240 E. 46th St. Condominium ✉ |
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