Property inspection company was entitled to summary judgment because plaintiffs' claims were barred by the statute of limitations and no tolling applied.

A grocery store was not entitled to summary judgment because a jury had to decide whether the store act-ed as a reasonably prudent shopkeeper overseeing the activities of a third party.

Where contractual arbitration provision gave defendant the obligation to decide whether other party's claims qualified within the category of claims subject to arbitration, the defendant's decision to seek arbitration of claims it found to fall within the scope of the arbitration clause required their dismissal from the action in favor of arbitration.

Appellate Term, Second Department: May 18, 2021

Step-Down Provision of Commercial Motor Vehicle Policy Did Not Excuse Obligation to Provide Minimum Coverage Required for Intrastate/Interstate Commerce

Plaintiffs' amended complaint was not timely-filed, so it did not relate back to date the original complaint was filed. The court granted a defendant's motion to dismiss due to the expiration of the statute of limitations.