The complaint's conclusory, information-and-belief allegation that the individual defendant exercised dominion and control over the corporate defendant is insufficient to support alter ego liability.
Soleil Chartered Bank v. Breton Equity Co. Corp., NY Slip Op 03280 (1st Dep't May 26, 2026)
No appeal lies from an order or judgment granted upon the default of the appealing party, pursuant to CPLR 5511.
U.S. Bank, N.A. v. Gowrie, NY Slip Op 03197 (2d Dep't May 20, 2026)
The unjust enrichment claim is dismissed as duplicative of plaintiff's breach of contract claim, as the parties do not dispute that there was an implied contract between plaintiff and defendant, even if they disagree about its terms.
Tapinekis v. Pace Univ., NY Slip Op 03167 (1st Dep't May 19, 2026)
In this action alleging disability discrimination under the State and City's Human Rights Laws, plaintiff's summary judgment motion is denied and defendant's cross-motion to dismiss is granted. There is no evidence that defendants made pejorative comments about people with COVID or treated similarly situated employees differently based on their COVID status. Evidence that defendants required plaintiff to present a negative COVID test to return to work does not permit an inference of discriminatory animus. On the contrary, the New York City Commission on Human Rights provides that, "[c]onsistent with employers' need to take reasonable steps to protect the health and safety of their businesses, employers may require employees to provide evidence of their ability to safely return to the workplace after recovering from COVID-19 and to confirm that they are not contagious."
Frantz v. XL Diamonds, LLC, NY Slip Op 03067 (1st Dep't May 14, 2026)
Intervention is to be liberally granted, pursuant to CPLR 1012 and 1013, whether sought as of right or in the court's discretion. However, it is warranted only where the proposed intervenor demonstrates a real and substantial interest in the outcome of the proceeding.
Bapaz NYC W. St. Group, LLC v. Assa Props., Inc., NY Slip Op 03061 (1st Dep't May 14, 2026)
The denial of defendant's letter application for leave to file a motion to vacate the judgment of foreclosure and sale is not appealable as of right because it did not decide a motion made upon notice, pursuant to CPLR 5701 [a] [2].
Tribeca Lending Corp. v. Bartlett, NY Slip Op 03092 (1st Dep't May 14, 2026)
Leave to amend a pleading should be freely given absent prejudice to the non-moving party, pursuant to CPLR 3025(b). However, a motion for leave to amend should be denied when the proposed amendments are palpably insufficient as a matter of law or fail to state a cause of action. Here, the proposed amended answer consists of a recitation of the elements of the claim and conclusory allegations based upon information and belief. Motion denied.
Wiener Realty Mgt., LLC v. One Penn Plaza, LLC, NY Slip Op 03094 (1st Dep't May 14, 2026)
Motions relating to discovery disputes must include an affidavit of a good-faith effort to resolve the dispute without judicial intervention.
Howari v. New York City Health & Hosp. Corp., NY Slip Op 03059 (2d Dep't May 14, 2026)
