Appellate practice

No appeal lies from an order refusing to sign an order to show cause, as it is an ex parte order that does not decide a motion made on notice, pursuant to CPLR 5701[a][2].

S.A.W. v. Archdiocese of N.Y., NY Slip Op 00603 (1st Dep't February 5, 2026)

Here is the decision.

Employment law

While an employer is not vicariously liable for torts committed by an employee who is acting solely for personal motives unrelated to the furtherance of the employer's business, the employer may be liable under theories of negligent hiring, retention, or supervision of the employee.  A cause of action based on negligent hiring, retention, or supervision requires a showing that the employer knew or should have known of the employee's propensity for the conduct which caused the injury and that there is a connection between the defendant's negligence and the plaintiff's injuries.

BCVAWCH-Doe v. Roman Catholic Archdiocese of N.Y., NY Slip Op 00488 (2d Dep't February 4, 2026)

Here is the decision.

Sanctions for frivolous conduct

A court may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct, pursuant to 22 NYCRR 130-1.1(a). Conduct is frivolous if: (1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension, modification, or reversal of existing law; (2) it is undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or (3) it asserts material factual statements that are false.

Aretakis v. CPEX Real Estate, LLC, NY Slip Op 00486 (2d Dep't February 4, 2026)

Here is the decision.

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.