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.

Leave to amend

It is well-settled that leave to amend shall be freely given absent prejudice or surprise, pursuant to CPLR 3025[b]. The movant need not establish the merit of its proposed new allegations, but must simply show that the proffered amendment is not palpably insufficient or clearly devoid of merit.

Peck v. Milbank LLP, NY Slip Op 00322 (1st Dep't January 27, 2026)

Here is the decision.

Appellate practice

Dismissal of the appeal is warranted as to the parties that were not aggrieved by the order on appeal, pursuant to CPLR 5511. While the order may contain language or reasoning that these parties consider adverse to their interests, that does not accord them standing to take an appeal.

Rodriguez v. CB Devs., NY Slip Op 00326 (1st Dep't January 22, 2026)

Here is the decision.

Contract law

A contract may be voided on the ground of economic duress where the complaining party was compelled to agree to its terms by means of a wrongful threat which precluded the exercise of its free will. Financial pressure and an unequal bargaining position do not constitute economic duress. The threatened party must establish that it could not obtain the goods from another source of supply and that the ordinary remedy of an action for breach of contract would be inadequate.

Southern Israel Bridging Fund Two, L.P. v. Orgenesis, Inc., NY Slip Op 00328 (1st Dep't January 22, 2026)

Here is the decision.

Dismissal as abandoned

CPLR 3215(c) directs that "[i]f the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned, without costs, upon its own initiative . . . , unless sufficient cause is shown why the complaint should not be dismissed." However, pursuant to CPLR 3408(n), the one-year deadline is tolled while mandatory settlement conferences are pending.

Bank of Am., N.A. v. Keefer, NY Slip Op 00231 (2d Dep't January 21, 2026)

Here is the decision.

Contract law

The right to assert a fraud or other tort claim related to a contract or note does not automatically transfer with the respective instrument. There must be some language - although no specific words are required - to evince the parties' intent and effectuate the conveyance of such a right. 

BH 336 Partners LLC v. Sentinel Real Estate Corp., NY Slip Op 00305 (1st Dep't January 22, 2026)

Here is the decision.