Notice of pendency

Pursuant to CPLR 6501, the filing of a notice of pendency provides constructive notice of an action in which the judgment demanded may affect the title to real property. The statute further provides that a person whose conveyance is recorded after the filing of a notice of pendency is bound by all proceedings taken in the action after such filing to the same extent as if he or she were a party.

16011, LLC v. Bank of Am., N.A., NY Slip Op 04269 (2d Dep't July 8, 2026)

Here is the decision.

Arbitration

The petition to vacate the arbitration award is denied, as the arbitrators' decisions were neither arbitrary, capricious, without rational basis, nor contrary to settled law.

Matter of American Tr. Ins. Co. v. Mark Heyligers, DC, NY Slip Op 04363 (1st Dep't July 9, 2026)

Here is the decision.

Service of process

Pursuant to CPLR 306-b, a court, in the exercise of discretion, may grant a motion for an extension of time to effect service for good cause shown or in the interest of justice. In order to establish good cause, a plaintiff must demonstrate reasonable diligence in attempting service. Under the interest of justice standard, the court may consider diligence, or the lack thereof, along with any other relevant factor in making its determination, including expiration of the Statute of Limitations, the meritorious nature of the cause of action, the length of delay in service, the promptness of a plaintiff's request for the extension of time, and prejudice to the defendant.

Farage v. Garden State Veterinary Specialists, Inc., NY Slip Op 04178 (2d Dep't July 1, 2026)

Here is the decision.

Punitive damages

Punitive damages are permitted when the defendant's wrongdoing is not simply intentional but evinces a high degree of moral turpitude and demonstrates such wanton dishonesty as to imply a criminal indifference to civil obligations. The misconduct must be exceptional, as when the wrongdoer has acted maliciously, wantonly, or with a recklessness that betokens an improper motive or vindictiveness, or has engaged in outrageous or oppressive intentional misconduct or with reckless or wanton disregard of safety or rights. Here, the plaintiff's conclusory allegations that the defendants' conduct was wanton, reckless, and affected the public were insufficient to sustain the demand for punitive damages.

CK Real Estate, LLC v. 2018 Li Lin Realty, LLC, NY Slip Op 04173 (2d Dep't July 1, 2026)

Here is the decision.

Appellate practice

It is the appellant's obligation to assemble a proper record on appeal. The record must contain all of the relevant papers before the Supreme Court. Appeals that are not based upon complete and proper records must be dismissed.

Banks v. City of New York, NY Slip Op 04170 (2d Dep't July 1, 2026)

Here is the decision.

Piercing the corporate veil.

Supreme Court properly dismissed the fourth counterclaim, which purports to interpose a cause of action to pierce the corporate veil. The counterclaim, which alleges facts to support an alter ego recovery against plaintiff's principal, fails because veil-piercing is not a stand-alone cause of action.

Avail Holding, LLC v. ICM Funding, LLC, NY Slip Op 04256 (1st Dep't July 2, 2026)

Here is the decision.

Appellate practice

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. 

Alpha Phi Alpha Senior Citizens Ctr., Inc. v. Zeta Zeta Lambda Co., Inc., NY Slip 04166 (2d Dep't July 2, 2026)

Here is the decision.

Admissibility of evidence

The unaffirmed medical records annexed to plaintiff's pain management specialist's affirmation are inadmissible and cannot not be bootstrapped into evidence through an affirmed report.

Amezquita v. Peguero, NY Slip Op 04137 (1st Dep't June 30, 2026)

Here is the decision.

Court holiday