Sanctions

The trial court improvidently exercised its discretion in denying plaintiff an award of sanctions despite noting that defendant knowingly asserted a meritless position for the purpose of delaying and prolonging the litigation. The record established that defendant prolonged the litigation based on largely meritless claims to avoid payment of the Notes and that its founder and Chief Executive Officer made false statements of material fact, rendering the conduct frivolous.

Defendant provided no support in the record for the CEO's statements in his affidavit that: (1) plaintiff represented that the Notes would be consolidated; (2) the repayment date would be extended to December 31, 2024; (3) defendant's Chief Financial Officer acted as an agent for plaintiff in breach of his fiduciary duty to defendant; and (4) the CFO presented unauthorized financial projections to plaintiff. These claims were denied by the Chief Administration Officer of plaintiff's general partner and the CFO, and documents in the record demonstrate that they are false. Moreover, defendant's CEO's June 19, 2024 email demonstrated that he intended to prolong the litigation by asserting baseless claims to delay payment of the Notes.

While sanctions should not be imposed so as to restrict ultimately unpersuasive, good-faith arguments requiring a review of the law, there is no good faith here. Presenting knowingly false affidavits to a court is a proper basis for the imposition of sanctions.

Remanded for a determination of appropriate sanctions to be imposed upon defendant, pursuant to 22 NYCRR 130-1.1[a].

Mendon Ventures Fintech Fund, LP v. Equitus Corp., NY Slip Op 04040 (1st Dep't June 25, 2026)

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Contract law

The complaint sufficiently states a claim for breach of contract, as it identifies the agreement, and alleges plaintiff's performance, defendants' breach of numerous provisions, and resulting damages. Although the pleaded damages were imprecise, it is not fatal at this pre-answer, pre-discovery stage of the litigation.The action was not premature, as defendants did not prove that there was no notice or that the agreement's notice and mediation provisions were express conditions precedent. The provision that either party "may" demand mediation suggests permissiveness. As to the argument that plaintiff failed to invoke the agreement's audit procedures, defendants' alleged withholding of accountings frustrated the process. 

Greer v. FAM Networks, LLC, NY Slip Op 04039 (1st Dep't June 25, 2026)

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Appellate practice

Defendant's argument that the second amended bill of particulars is a nullity is unpreserved since it is raised for the first time on appeal. However, because it is a legal issue appearing on the face of the record which could not have been avoided if it had been timely raised, it is reviewable on appeal.

Di Giulio v. New York City Tr. Auth., NY Slip Op 04037 (1st Dep't June 25, 2026)

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Landlord-tenant law

There is no constructive eviction claim absent an allegation that the landlord's wrongful conduct deprived the tenant of the use of the premises.

Amsterdam 140, LLC v. Fruitopia, LLC, NY Slip Op 04035 (1st Dep't June 25, 2026)

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Medical malpractice

Defendant met its prima facie burden of demonstrating that the action was barred by the statute of limitations by showing that plaintiff sought no further treatment for his arm injury after he returned for a post-operative evaluation on March 15, 2021, and that he commenced the action on September 25, 2023, more than two years and six months after that date. Once defendant met its prima facie burden, it was plaintiff's burden to demonstrate triable issues of fact with respect to application of the continuous treatment doctrine. Plaintiff failed to meet his burden. Preliminarily, the record contains no indication that plaintiff submitted papers in opposition to defendant's motion. In any event, the record includes no evidence suggesting that plaintiff sought or obtained any additional treatment for his condition after March 15, 2021. Although the medical chart from the appointment contains a note stating that plaintiff was to come back for a follow-up visit in six weeks, the record contains no evidence indicating that plaintiff ever scheduled or attended such an appointment.

Backer v. Parsons, NY Slip Op 03917 (1st Dep't June 23, 2026)

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Releases

A valid release constitutes a complete bar to an action on a claim which is the subject of the release. A clear and unambiguous release will be fully enforced, and the court may not look to extrinsic evidence to determine the parties' intent. Although a defendant has the initial burden of establishing that it has been released from any claims, a signed release shifts the burden of going forward to the plaintiff to show that there has been fraud, duress or some other fact which is sufficient to void the release.

Aretakis v. Sheehan, NY Slip Op 03773 (2d Dep't June 17, 2026)

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Default judgments

Defendant failed to establish that the judgment, which was entered after defendant's default, was secured by extrinsic fraud. Regardless of the validity of his allegation that plaintiff concealed from him the scheduling of two court conferences, that information was available to defendant through e-courts, to which defendant previously admitted having access. Nor does defendant's contention that plaintiff engaged in intrinsic fraud by misrepresenting the scope of its work in the underlying action compel vacatur of the judgment because defendant failed to provide a reasonable excuse for his default and has not demonstrated a meritorious defense since the record reflects that, contrary to his contentions, plaintiff did not misrepresent the work it performed on his behalf in the underlying action.

Dunnington Bartholow & Miller, LLP v. Simon,, NY Slip Op 03878 (1st Dep't June 18, 2026)

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Premises liability

A defendant property owner who moves for summary judgment has the initial burden of making a prima facie showing that it neither created the allegedly dangerous or defective condition nor had actual or constructive notice of it. This burden may be established by presenting evidence that there was a storm in progress when the injured plaintiff allegedly slipped and fell.

Under the storm in progress doctrine, a landowner will not be held liable in negligence for a plaintiff's injuries sustained as the result of an icy condition occurring during an ongoing storm or for a reasonable time thereafter. A lull in the storm does not impose a duty to remove the accumulation of snow or ice before the storm ceases in its entirety. However, even if a storm is ongoing, once a property owner elects to remove snow or ice, it must do so with reasonable care or it could be held liable for creating a hazardous condition or exacerbating a natural hazard created by the storm. The failure to remove all the snow and ice, without more, does not establish that the defendant increased the risk of harm.

Archie v. Cunningham Assoc., L.P., NY Slip Op 03772 (2d Dep't June 17, 2026)

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Derivative claims

The derivative claims that were asserted against the individual defendants on behalf of the condominium's unit owners are dismissed. It is undisputed that plaintiff has standing to pursue the direct claims in this matter based on a proper assignment of all litigation claims against defendants by his wife, the unit owner. However, neither the assignment, nor any other instrument, transferred to him the membership interest in the condominium that is required for the assertion of derivative claims on behalf of the unit owners.

Bent v. Cirone, NY Slip Op 03875 (1st Dep't June 18, 2026)

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Quasi-estoppel

Quasi-estoppel is estoppel against inconsistent positions, and, like equitable estoppel, it is imposed by law in the interest of fairness to prevent fraud or injustice. In function, however, equitable estoppel seeks to protect the parties' reasonable expectations, whereas quasi-estoppel seeks to protect the integrity of litigation. Quasi-estoppel must be based on the previous assertion of a position so inconsistent with the one now taken as to make the present claim unconscionable.

Abdelhamed v. XYZ Limousine, Inc., NY Slip Op 03770 (2d Dep't June 17, 2026)

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Contract law

The effective date of a lease is the date the tenancy commences, not the date on which the lease was executed.

Laspina v. 340 E. 198th St., LLC, NY Slip Op 03757 (1st Dep't June 16, 2026)

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Summary judgment motions

As defendant failed to demonstrate, prima facie, its entitlement to summary judgment, the burden never shifted to plaintiff to raise an issue of fact.

Danisi v. Diker A & V Contr. Corp., NY Slip Op 03755 (1st Dep't June 16, 2026)

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Vacatur

Pllaintiff established a reasonable excuse for the default through counsel's detailed and credible explanation as to why the office was unaware of the scheduled court appearance. This was sufficient to show that any law office failure was inadvertent, pursuant to CPLR 5015[a][1]. Although counsel improperly commenced a second action asserting the amended claims, rather than moving immediately to vacate the default in this action, there is no evidence of dilatory behavior or an intent to abandon the action so as to warrant denial of the vacatur motion.

Amondi v. Promise Home Care Agency, Inc., NY Slip Op 03754 (1st Dep't June 16, 2026)

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Moving to dismiss

A defendant moving for summary judgment dismissing a cause of action alleging negligence may generally sustain its prima facie burden by negating a single essential element of that cause of action. In determining the motion, the evidence must be viewed in the light most favorable to the non-moving party. The motion will not be granted where the facts are in dispute, where conflicting inferences may be drawn from the evidence, or where there are issues of credibility.

Brendel v. County of Suffolk, NY Slip Op 03660 (2d Dep't June 10, 2026)

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Admissibility of translations

Defendant's supporting affidavit, which was translated from Spanish to English, is inadmissible because it was not accompanied by an affidavit attesting to the translator's qualifications and to the accuracy of the translation, and, thus, failed to comply with CPLR 2101(b).

Carranza-Rafael v. LRC Constr., LLC, NY Slip Op 03728 (1st Dep't 2026)

Here is the decision.

Contract law

With three exceptions, the general rule is that a contractual obligation, standing alone, does not give rise to tort liability in favor of a third party.

Aguilar-Lopez v. Idust Cleaning Servs. Corp., NY Slip Op 03726 (1st Dep't June 11, 2026)

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Flag Day

Dismissal for failure to prosecute

Defendant satisfied the prerequisites of CPLR 3216 by serving plaintiff with the court's order which warned that failure to file a note of issue within 90 days would result in dismissal of the action. Plaintiff failed to timely serve and file a note of issue or move to extend the time in which to comply with the demand. It was only after defendant moved to dismiss for failure to prosecute that plaintiff filed a note of issue, almost two years after service of the order and six months after a second service of the order.

Plaintiff's conclusory and unsubstantiated claim of law office failure due to firm relocations and staffing changes failed to establish a justifiable excuse for the delay.

The court's scrivener's error in its sole reference to CPLR 3126 instead of CPLR 3216 did not render the order defective where the court repeatedly referred to and quoted from CPLR 3216, making it clear that the action was dismissed under the governing standards of the correct statute.

Aguilar v. TMP Wireless, Inc., NY Slip Op 03725 (1st Dep't June 11, 2026)

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Entry of judgment

Pursuant to CPLR 3215(c), "[i]f the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned . . . unless sufficient cause is shown why the complaint should not be dismissed." It is not necessary for a plaintiff to actually obtain a default judgment within one year of the default in order to avoid dismissal. As long as proceedings are being taken, and those proceedings manifest an intent not to abandon the action but to seek entry of judgment, the complaint should not be subject to dismissal.

Bank of N.Y. Mellon v. Hamawi, NY Slip Op 03659 (2d Dep't June 10, 2026)

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Depositions

Pursuant to 22 NYCRR 202.20-b(a)(2), unless otherwise stipulated to by the parties or ordered by the court, "depositions shall be limited to 7 hours per deponent." However, "[f]or good cause shown, the court may alter the limits on the number of depositions or the duration of an examination," pursuant to § 202.20-b[f]. Good cause may be based on improper conduct or obstruction by the deponent or the attorney, or a proper showing that 7 hours was an insufficient amount of time within which to complete the deposition under the circumstances of the case.

Abad v. 288 Water St. Owner, LLC, NY Slip Op 03416 (2d Dep't June 3, 2026)

Here is the decision.

Leave to amend

Leave will be denied where the proposed cause of action is palpably insufficient and patently devoid of merit.

75 Cohoes Realty Assoc., LLC v. Machnick Bldrs., Ltd., NY Slip Op 03415 (2d Dep't June 3, 2026)

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Renewal

A motion to renew is a request by a party for the court to consider anew a prior motion in light of new facts or a change in the law that would change the determination of the prior motion, pursuant to CPLR 2221[e][2]. 

Estate of Margaret Kainer v. Christies, Inc., NY Slip Op 03506 (1st Dep't June 4, 2026)

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Summary judgment

Defendants cannot sustain their prima facie burden on their summary judgment motion merely by pointing to other possible causes of the crash, as there can be more than one proximate cause of an accident and there is no requirement that a plaintiff exclude every possible cause other than a defendant's breach of duty. 

DeRobertis v. City of New York, NY Slip Op 03505 (1st Dep't June 4, 2026)

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Appellate practice

The appeal must be dismissed because no appeal lies from denial of a motion for reargument.

Anthony Partners, LLC v. Mici, NY Slip Op 03502 (1st Dep't June 4, 2026)

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1944

Indemnification

When a party is under no legal duty to indemnify, a contract assuming that obligation must be strictly construed to avoid reading into it a duty which the parties did not intend to be assumed. The intention to indemnify in the context of an intraparty dispute must be unmistakably clear from the language of the promise and exclusively or unequivocally referable to claims between the parties themselves,

Board of Mgrs. of the 432 Park Condominium v. 56th & Park (NY) Owner, LLC, NY Slip Op 03381 (1st Dep't June 2, 2026)

Here is the decision.

Failure to prosecute

Supreme Court providently dismissed the action for failure to prosecute. Defendant satisfied the requirements of CPLR 3216 (b) and plaintiff failed to show a reasonable excuse for not serving and filing a note of issue within 90 days of defendant's demand or for the delay in prosecuting this action before and after receiving the demand. Plaintiff also failed to submit an affidavit of merit from a person with knowledge of the facts supporting his claim of negligence, as required by CPLR 3216(e). Plaintiff's response to defendant's discovery demands in opposition to the CPLR 3216 motion does not relieve him from the statutory requirements.

Ali v. K&H Steinway, LLC, NY Slip Op 03380 (1st Dep't June 2, 2026)

Here is the decision.

Vacatur

A party seeking to vacate a default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion. Determining what constitutes a reasonable excuse lies within the sound discretion of the trial court. In making such a determination, the court may excuse delay or default resulting from law office failure. However, mere neglect is not a reasonable excuse.

Tulloch v. Barka, NY Slip Op 03330 (2d Dep't May 27, 2026)

Here is the decision.

Disqualification of counsel

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)

Here is the decision.

Foreclosures

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)

Here is the decision.