Contract law

In order to recover damages for breach of contract, the plaintiff must demonstrate that there is a contract, the plaintiff's performance pursuant to the contract, the defendant's breach of its contractual obligations, and damages resulting from the breach. A contract is to be construed in accordance with the parties' intent, which is discerned from the four corners of the document. Consequently, a written agreement that is complete, clear, and unambiguous on its face must be enforced according to the plain meaning of its terms. Contract language is ambiguous when it is reasonably susceptible of more than one interpretation, and extrinsic or parol evidence may be considered to determine the parties' intent.

206 Rte. 59 Holdings, LLC v. Boyiatzis Holdings Co., LLC, NY Slip Op 04998 (2d Dep't August 19, 2026)

Here is the decision.

Appellate practice

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of an amended judgment in the action.

206 Rte. 59 Holdings, LLC v. Boyiatzis Holdings Co., LLC, NY Slip Op 04997 (2d Dep't August 19, 2026)

Here is the decision.

Appellate practice

Defendants' common-law indemnification and contribution claims are deemed abandoned as they did not address those claims in either their opposition to the motion for summary judgment dismissing the claims or in their respondents' brief on the appeal.

Ambrose v. City Univ. Constr. Fund, NY Slip Op 05060 (1st Dep't August 20, 2026)

Here is the decision.

Defaults

A professed ignorance of the law and a lack of understanding of the need to serve an answer does not constitute a reasonable excuse for the default.

Gaitanidis v. Perri Logan Equity, Inc., NY Slip Op 04931 (2d Dep't August 12, 2026)

Here is the decision.

Jurisdictional defects

A judgment or order issued without subject matter jurisdiction is void. The defect may be raised at any time and may not be waived.

Federal Natl. Mtge. Assn. v. Jackson, NY Slip Op 04927 (2d Dep't August 12, 2026)

Here is the decision.

Aiding and abetting breach of fiduciary duty

A defendant knowingly participates in the breach of fiduciary duty when it affirmatively assists, helps to conceal, or fails to act when required to do so, thereby enabling the breach. An allegation that the defendant merely came upon and exploited the situation after the breach occurred is insufficient.

Rossi Mktg. Group, Inc. v. Malin Group, Inc., NY Slip Op 04987 (1st Dep't August 13, 2026)

Here is the decision.

Service of process

Ordinarily, the affidavit of a process server constitutes prima facie evidence that the defendant was validly served. Bare and unsubstantiated denials of receipt of the summons and complaint are insufficient to rebut the presumption of service. However, a sworn denial of service containing specific facts generally rebuts the presumption of proper service established by the process server's affidavit, and necessitates an evidentiary hearing.

Anglada v. Bradford, NY Slip Op 04917 (2d Dep't August 12, 2026)

Here is the decision.

Inter vivos gifts

The elements necessary for a valid inter vivos gift are: (1) the donor's intent to make an irrevocable present transfer of ownership; (2) physical or constructive delivery, sufficient to divest the donor of dominion and control over the property; and (3) acceptance of the gift by the donee. The proponent of the purported gift has the burden of proving each of the elements by clear and convincing evidence.

Eng v. Eng, NY Slip Op 04840 (2d Dep't August 5, 2026)

Here is the decision.

Law of the case

The doctrine of the law of the case operates to foreclose re-examination of the issue absent a showing of new factual circumstances, additional relevant evidence, or a change in the law that would warrant reconsideration of the issue. An appellate court's resolution of an issue on a prior appeal constitutes the law of the case and is binding on the Supreme Court, as well as on the appellate court.

DLJ Mtge. Capital, Inc. v. Pittman, NY Slip Op 04838 (2d Dep't August 5, 2026)

Here is the decision.

Suing the State

Pursuant to Court of Claims Act § 11(b), a notice of intention to file a claim and a claim must set forth, among other things, the place where the claim arose. A failure to comply with the requirements set forth in the statute is a jurisdictional defect compelling dismissal of the claim.  Although § 11(b) does not require absolute exactness, it requires a statement made with sufficient definiteness to enable the State to be able to investigate the claim promptly and to ascertain its liability under the circumstances.

Dipolito v. State of New York, NY Slip Op 04837 (2d Dep't August 5, 2026)

Here is the decision.

Contract law

 A release is a contract, and its construction is governed by contract law.

Board of Mgrs. of the Waterwheel Condominium, LLC v. Ardsley Waterwheel Partners, LLC, NY Slip Op 04834 (2d Dep't August 5, 2026)

Here is the decision.