Contract law

A party will be relieved from the consequences of a stipulation made during litigation only where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident. A party seeking reformation of a contract by reason of a mistake must establish, with clear and convincing evidence, that the contract was executed under mutual mistake or a unilateral mistake induced by the other party's fraudulent misrepresentation.

Guzzetta v. Messina, NY Slip Op 00880 (2d Dep't February 18, 2026)

Here is the decision.

Res judicata

Under the doctrine of res judicata, a disposition on the merits bars litigation between the same parties, or those in privity with them, of a cause of action arising out of the same transaction or series of transactions as a cause of action that either was raised or could have been raised in the prior proceeding, The doctrine is grounded in public policy concerns and is intended to ensure finality, prevent vexatious litigation and promote judicial economy. However, in properly seeking to deny a litigant two days in court, courts must be careful not to deprive the litigant of one.

Guzzetta v. Messina, NY Slip Op 00879 (2d Dep't February 18, 2026)

Here is the decision.

Attorneys' fees

The award of reasonable attorney's fees is within the sound discretion of the Supreme Court based upon such factors as the time and labor required, the difficulty of the issues involved, the skill required to handle the matter, and the effectiveness of the legal work performed. When there is a fee dispute between the current and discharged attorneys for the plaintiff in an action to which there is a contingent fee retainer, the discharged attorney may elect to receive compensation immediately based on quantum meruit or on a contingent percentage fee based on a proportionate share of the work performed on the whole case. 

Del Rosso v. Staten Is. Univ. Hosp., NY Slip Op 00877 (2d Dep't February 18, 2026)

Here is the decision.

Expert witnesses

Challenges to an expert witness's qualifications go to the weight to be accorded the expert's views, not their admissibility. Experts need not be a specialist in a particular field if they have the knowledge necessary to opine on the issues presented. If the expert professes such knowledge, the issue of the expert's qualifications is for the fact-finder to determine.

Markman v. New York-Presbyt. Healthcare Sys, Inc., NY Slip Op 00976 (1st Dep't February 19, 2026)

Here is the decision.

Contract law

Even if a party is not in breach of its express contractual obligations, it may be in breach of the implied covenant of good faith and fair dealing when it exercises a contractual right as part of a scheme to deprive the other party of the benefit of its bargain.

Dairy King, Inc. v. Boar's Head Provisions Co., Inc., NY Slip Op 00876 (2d Dep't February 18, 2026)

Here is the decision.

Commercial litigation

A corporation may not proceed pro se, pursuant to CPLR 321[a]. 

Wah Win Group Corp. v. 979 Second Ave., LLC, NY Slip Op 01003 (1st Dep't February 19, 2026)

Here is the decision.

Jurisdiction over a motion

Improper service of a motion provides a complete excuse for default on the motion and deprives the court of jurisdiction to entertain it. Failure to provide a defendant with proper notice of a motion renders the resulting order and judgment nullities, warranting vacatur pursuant to CPLR 5015(a)(4).

However, a defendant's participation in an action on the merits confers in personam jurisdiction on the court. 

Bharath v. Sitaram, NY Slip Op 00872 (2d Dep't February 18, 2026)

Here is the decision.

Appellate practice

An argument that was not raised before Supreme Court is not preserved for appellate review.

The status conference order is appealable, as it was not issued sua sponte, but, instead, resolved plaintiff's letter application, which defendants opposed through their own letter submissions. The parties had the opportunity to be heard and there is a proper record for appellate review.

Perrotte v. Bloomberg, L.P., NY Slip Op 00632 (1st Dep't February 10, 2026)

Here is the decision.

Ash Wednesday

Guadalcanal 1942-1943

Memento homo quia pulvis es et in pulverem reverteris.

Defamation

The elements of a cause of action for defamation are (a) a false statement that tends to expose a person to public contempt, hatred, ridicule, aversion, or disgrace, (b) published without privilege or authorization to a third party, (c) amounting to fault as judged by, at a minimum, a negligence standard, and (d) either causing special harm or constituting defamation per se. Where the plaintiff is a public figure, the plaintiff is required to prove, by clear and convincing evidence, that the defamatory statements were published with actual malice. In an action for libel or slander, the particular words complained of shall be set forth in the complaint, pursuant to CPLR 3016[a], and the complaint must aallege the time, place, and manner of the false statement and specify to whom it was made.

Worob v. Campbell, NY Slip Op 00813 (2d Dep't February 11, 2026)

Here is the decision.

Court holiday