To the extent defendant seeks litigation counsel's disqualification, she lacks standing because she does not allege that she is or was in an attorney-client relationship with it or that its representation of plaintiff would somehow result in the disclosure of confidential information.
Wells Fargo Bank, N.A. v. Whyte, NY Slip Op 03375 (1st Dep't May 287, 2026)
A plaintiff has standing in a mortgage foreclosure action when it is the holder or assignee of the underlying note at the time the action is commenced. Either a written assignment of the underlying note or the physical delivery of the note prior to the commencement of the foreclosure action is sufficient to transfer the obligation, and the mortgage passes with the debt as an inseparable incident.
Deutsche Bank Natl. Trust Co. v. Julius, NY Slip Op 03291 (2d Dep't May 27, 2026)
In cases involving fallen trees, a property owner will only be held liable for a tree that falls outside of its premises and injures another if it knew or should have known of the defective condition of the tree. In order to constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit the defendant to discover and remedy it.
Whitney v. Lawson, NY Slip Op 03332 (2d Dep't May 27, 2026)
The affirmative defenses are dismissed as conclusory and not factually supported, and the defenses specifically addressed lack merit. With respect to laches, defendant failed to present evidence of prejudice arising from plaintiff's purported delay. Defendant also asserted the defense of impossibility based on plaintiff's alleged refusal to provide him access to the apartment for the purpose of obtaining insurance. However, defendant did not submit evidence to support his contention that he was unable to obtain the requisite insurance or that it was objectively impossible, to do so because the record reflects that he was given access on several occasions. The insurance broker's email stating "it is extremely difficult, if not impossible, to secure coverage" for a vacant apartment where property damage exists does not establish that it was impossible for defendant to obtain coverage.
71st St.-Lexington Corp. v. Frankel, NY Slip Op 03358 (1st Dep't May 28, 2026)
In order to create a binding and enforceable contract, there must be a showing that the parties are in agreement as to all material terms.
Babadzhanov v. B & L Health, Inc, NY Slip Op 03284 (2d Dep't May 27, 2026)
The drastic remedy of striking a party's pleading for failure to comply with a discovery order is appropriate only where the moving party conclusively demonstrates that the non-disclosure was willful, contumacious, or in bad-faith. Willful and contumacious conduct may be shown through failure to comply with court orders, in the absence of adequate excuses. Although it generally is within the discretion of the motion court to determine the appropriate penalty, the Appellate Division is vested with its own discretion and corresponding power to substitute its discretion for the trial court's, even in the absence of abuse of discretion.
Ochoa v. C.I. Lobster Corp., NY Slip Op 03274 (1st Dep't May 26, 2026)
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)
