Failure to oppose

In order to vacate its default in timely opposing the plaintiffs' motion, the defendant was required to demonstrate a reasonable excuse for the default, as well as a potentially meritorious opposition to the motion, pursuant to CPLR 5015[a][1]. While CPLR 2005 allows courts to excuse a default due to law office failure, it was not the Legislature's intent to routinely excuse such defaults, and mere neglect will not be accepted as a reasonable excuse. Here, the Supreme Court did not improvidently exercise its discretion in rejecting the defendant's conclusory excuse of law office failure, which was part of a pattern of neglect demonstrated by the defendant during discovery.

Aladin v. Kensington Ins.Co., NY Slip Op 05067 (2d Dep't August 26, 2026)

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Premises liability

A landowner owes a duty of care to maintain the property in a reasonably safe condition. However, an out-of-possession landlord is not liable for injuries that occur on its premises unless the landlord has retained control over the premises and has a duty imposed by statute or assumed by contract or a course of conduct. Even if a defendant is considered an out-of-possession landlord who assumed the obligation to make repairs to its property, it cannot be held liable for injuries caused by a defective condition on the property unless it either created the condition or had actual or constructive notice of it.

Bracey v. 107-47 Sutphin, LLC, NY Slip Op 05003 (2d Dep't August 19, 2026)

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Appellate practice

The order is appealable, pursuant to CPLR 5511. It was not entered upon the defendants' default because, although the Supreme Court noted that it was entitled to disregard the defendants' untimely opposition papers, it considered the merits of the defendants' opposition. The appeal is not academic because its determination would directly affect the rights of the parties.

Bank of Am., N.A. v. Ragnauth, NY Slip Op 05001 (2d Dep't August 19, 2026)

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Default judgments

A plaintiff seeking leave to enter a default judgment must file proof of proper service of the summons and the complaint, the defendant's default, and the facts constituting the claim. A default judgment in a declaratory judgment action will not be granted on the default and pleadings alone, as it is necessary that plaintiff establish the right to a declaration.

Allstate Ins. Co,. v. Cabrera, NY Slip Op 05000 (2d Dep't August 19, 2026)

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Jurisdiction

Where a defendant seeking to vacate a default judgment raises a jurisdictional objection pursuant to CPLR 5015(a)(4), and seeks a discretionary vacatur pursuant to CPLR 5015(a)(1), the court is required to resolve the jurisdictional question before determining whether it is appropriate to grant the vacatur.

Allen v. Tilak, NY Slip Op 04999 (2d Dep't August 19, 2026)

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Contract law

In order to recover damages for breach of contract, the plaintiff must demonstrate that there is a contract, the plaintiff's performance pursuant to the contract, the defendant's breach of its contractual obligations, and damages resulting from the breach. A contract is to be construed in accordance with the parties' intent, which is discerned from the four corners of the document. Consequently, a written agreement that is complete, clear, and unambiguous on its face must be enforced according to the plain meaning of its terms. Contract language is ambiguous when it is reasonably susceptible of more than one interpretation, and extrinsic or parol evidence may be considered to determine the parties' intent.

206 Rte. 59 Holdings, LLC v. Boyiatzis Holdings Co., LLC, NY Slip Op 04998 (2d Dep't August 19, 2026)

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Appellate practice

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of an amended judgment in the action.

206 Rte. 59 Holdings, LLC v. Boyiatzis Holdings Co., LLC, NY Slip Op 04997 (2d Dep't August 19, 2026)

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Appellate practice

Defendants' common-law indemnification and contribution claims are deemed abandoned as they did not address those claims in either their opposition to the motion for summary judgment dismissing the claims or in their respondents' brief on the appeal.

Ambrose v. City Univ. Constr. Fund, NY Slip Op 05060 (1st Dep't August 20, 2026)

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Defaults

A professed ignorance of the law and a lack of understanding of the need to serve an answer does not constitute a reasonable excuse for the default.

Gaitanidis v. Perri Logan Equity, Inc., NY Slip Op 04931 (2d Dep't August 12, 2026)

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Jurisdictional defects

A judgment or order issued without subject matter jurisdiction is void. The defect may be raised at any time and may not be waived.

Federal Natl. Mtge. Assn. v. Jackson, NY Slip Op 04927 (2d Dep't August 12, 2026)

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Aiding and abetting breach of fiduciary duty

A defendant knowingly participates in the breach of fiduciary duty when it affirmatively assists, helps to conceal, or fails to act when required to do so, thereby enabling the breach. An allegation that the defendant merely came upon and exploited the situation after the breach occurred is insufficient.

Rossi Mktg. Group, Inc. v. Malin Group, Inc., NY Slip Op 04987 (1st Dep't August 13, 2026)

Here is the decision.