Commercial litigation

A corporation may not proceed pro se, pursuant to CPLR 321[a]. 

Wah Win Group Corp. v. 979 Second Ave., LLC, NY Slip Op 01003 (1st Dep't February 19, 2026)

Here is the decision.

Jurisdiction over a motion

Improper service of a motion provides a complete excuse for default on the motion and deprives the court of jurisdiction to entertain it. Failure to provide a defendant with proper notice of a motion renders the resulting order and judgment nullities, warranting vacatur pursuant to CPLR 5015(a)(4).

However, a defendant's participation in an action on the merits confers in personam jurisdiction on the court. 

Bharath v. Sitaram, NY Slip Op 00872 (2d Dep't February 18, 2026)

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Appellate practice

An argument that was not raised before Supreme Court is not preserved for appellate review.

The status conference order is appealable, as it was not issued sua sponte, but, instead, resolved plaintiff's letter application, which defendants opposed through their own letter submissions. The parties had the opportunity to be heard and there is a proper record for appellate review.

Perrotte v. Bloomberg, L.P., NY Slip Op 00632 (1st Dep't February 10, 2026)

Here is the decision.

Ash Wednesday

Guadalcanal 1942-1943

Memento homo quia pulvis es et in pulverem reverteris.

Defamation

The elements of a cause of action for defamation are (a) a false statement that tends to expose a person to public contempt, hatred, ridicule, aversion, or disgrace, (b) published without privilege or authorization to a third party, (c) amounting to fault as judged by, at a minimum, a negligence standard, and (d) either causing special harm or constituting defamation per se. Where the plaintiff is a public figure, the plaintiff is required to prove, by clear and convincing evidence, that the defamatory statements were published with actual malice. In an action for libel or slander, the particular words complained of shall be set forth in the complaint, pursuant to CPLR 3016[a], and the complaint must aallege the time, place, and manner of the false statement and specify to whom it was made.

Worob v. Campbell, NY Slip Op 00813 (2d Dep't February 11, 2026)

Here is the decision.

Court holiday

A cause of action for negligent infliction of emotional distress

Plaintiff must allege that the harm complained of was a direct rather than a consequential result of defendant's breaching a duty owed plaintiff.

Priority Mgt., LLC v. Deutsch, NY Slip Op 00633 (1st Dep't February 11, 2026)

Here is the decision.

Summary judgment and discovery

A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment. A  party who contends that a summary judgment motion is premature must demonstrate that discovery might lead to relevant evidence or that the facts necessary to oppose the motion are exclusively within the knowledge and control of the movant, pursuant to CPLR 3212[f]. The mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is insufficient to deny the motion.

Romano v. Welsbach Elec. Corp., NY Slip Op 00809 (2d Dep't February 11, 2026)

Here is the decision.

Civil conspiracy

Plaintiff's claim for civil conspiracy is dismissed with prejudice because New York does not recognize an independent cause of action for conspiracy.

Carvello v. Warner Music Group Corp., NY Slip Op 00635 (1st Dep't February 10, 2026)

Here is the decision.

Court holiday

Service of process

CPLR 308(4) requires due diligence in seeking to effectuate service on a defendant before resorting to nail-and-mail service. Generally, a plaintiff can establish diligence by providing an affidavit of service indicating efforts to serve the defendant at the defendant's residence on three different occasions, at different times of day. However, there is not the requisite due diligence where all of the dates of attempted personal service were during the work week and during normal business hours and in the same afternoon window.

Unitrin Safeguard Ins. Co, v. Della-Noce, NY Slip Op 00601 (1st Dep't February 5, 2026)

Here is the decision.

The emergency doctrine

The emergency doctrine provides that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or which is so reasonably disturbing that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context. Ordinarily, whether there was an emergency and whether the defendant's response was reasonable are questions of fact. However, summary judgment may be granted on the basis of sufficient evidence demonstrating both an emergency and the reasonableness of the actor's response to it.

Callands v. County of Westcheter, NY Slip Op 00489 (2d Dep't February 4, 2026)

Here is the decision.

Appellate practice

No appeal lies from an order refusing to sign an order to show cause, as it is an ex parte order that does not decide a motion made on notice, pursuant to CPLR 5701[a][2].

S.A.W. v. Archdiocese of N.Y., NY Slip Op 00603 (1st Dep't February 5, 2026)

Here is the decision.

Employment law

While an employer is not vicariously liable for torts committed by an employee who is acting solely for personal motives unrelated to the furtherance of the employer's business, the employer may be liable under theories of negligent hiring, retention, or supervision of the employee.  A cause of action based on negligent hiring, retention, or supervision requires a showing that the employer knew or should have known of the employee's propensity for the conduct which caused the injury and that there is a connection between the defendant's negligence and the plaintiff's injuries.

BCVAWCH-Doe v. Roman Catholic Archdiocese of N.Y., NY Slip Op 00488 (2d Dep't February 4, 2026)

Here is the decision.

Sanctions for frivolous conduct

A court may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct, pursuant to 22 NYCRR 130-1.1(a). Conduct is frivolous if: (1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification, or reversal of existing law; (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or (3) it asserts material factual statements that are false.

Aretakis v. CPEX Real Estate, LLC, NY Slip Op 00486 (2d Dep't February 4, 2026)

Here is the decision.

Motions to intervene

Failure to submit a proposed answer or other pleading is fatal to a motion to intervene, pursuant to CPLR 1014.

U.S. Bank, N.A. v. Brown, NY Slip Op 00483 (1st Dep't February 3, 2026)

Here is the decision.

Summary judgment

A party should be afforded a reasonable opportunity to conduct discovery prior to the determination of a motion for summary judgment. The party opposing summary judgment is entitled to obtain further discovery when it appears that there may be facts supporting the opposing party's position but those cannot then be stated. A party who contends that a summary judgment motion is premature is required to demonstrate that discovery might lead to relevant evidence or the facts essential to justify opposition to the motion were exclusively within the knowledge and control of the movant.

Zihui Lin v. Cheng Liu, NY Slip Op 00403 (2d Dep't January 28, 2026)

Here is the decision.

Appellate practice

In this legal malpractice action, defendants' argument concerning litigation strategy and professional judgment was raised for the first time on appeal and, therefore,  is unpreserved.

Park W. Exec. Servs., Inc. v. Gallo Vitucci & Klar, LLP, NY Slip Op 00428 (1st Dep't January 29, 2026)

Here is the decision.

Motions for summary judgment

The party moving for summary judgment bears the initial burden to make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. A moving defendant cannot satisfy this burden merely by pointing to gaps in the plaintiff's case; it must affirmatively demonstrate the merits of its defense.

Chin v. Pacific 10, LLC, NY Slip Op 00343 (2d Dep't January 28, 2026)

Here is the decision.

Appellate practice

An issue is properly before the Appellate Division where the defendants did not raise it until their reply papers, but raised it in their opening brief on appeal and plaintiff, without objecting, responded to it substantively.

Fernandez v. Sukhdeep, NY Slip Op 00422 (1st Dep't January 29, 2026)

Here is the decision.

Contract law

A contractual provision assuming an obligation to indemnify a party for attorneys' fees must be strictly construed so as to avoid reading into it a duty which the parties did not intend to be assumed.

23-35 Bridge St., LLC v. Excel Automotive Tech Ctr., Inc., NY Slip Op 00337 (2d Dep't January 28, 2026)

Here is the decision.