Agency law

A corporate officer who executes a contract acting as an agent for a disclosed principal is not liable for a breach of the contract in the absence of clear and explicit evidence of the agent's intention to be personally liable.

Delco Dev. Co. of Hicksville, L.P. v. Shoes Etc., Inc., NY Slip Op 00116 (2d Dep't January 14, 2026)

Here is the decision.

Breach of fiduciary duty

The elements of the cause of action are: (1) the existence of a fiduciary relationship; (2) misconduct by the defendant; and (3) damages directly caused by the defendant's misconduct. An attorney owes a fiduciary duty to the client, namely, to deal with the client fairly, honestly and with undivided loyalty, while maintaining confidentiality, avoiding conflicts of interest, acting competently, safeguarding client property, and honoring the clients' interests over the attorney's own.

Brennan v. Vasquez, NY Slip Op 00115 (2d Dep't January 14, 2026)

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Spoliation

Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys key evidence, the responsible party may be sanctioned. The party seeking sanctions must show that the party having control over the evidence was obligated to preserve it and that the evidence was destroyed either deliberately or negligently. If the evidence was destroyed negligently, the movant must demonstrate that it was relevant to its claim or defense.

Battle v. Fulton Park Site 4 Houses, Inc., NY Slip Op 00114 (2d Dep't January 14, 2026)

Here is the decision.

Hearsay rule

 The business record exception to the hearsay rule applies to a writing or record, pursuant to CPLR 4518[a]. It is the business record itself, not the foundational affidavit, that serves as proof of the matter asserted. Absent the introduction of the records themselves, witness testimony as to the contents of the records is inadmissible hearsay.

B of I Fed. Bank v. Aramalla, NY Slip Op 00112 (2d Dep't January 14, 2026)

Here is the decision.

Appellate practice

No appeal lies from an order entered upon default of the appealing party. Defendants moved to dismiss plaintiff's discrimination claims but failed to appear for oral argument on the motion. The proper procedure is for defendants to move to vacate the default, proffering a reasonable excuse and meritorious grounds for the motion, pursuant to CPLR 5015[a][1].

Perez v. Norman's Cay Group, LLC, NY Slip Op 00222 (1st Dep't January 15, 2026)

Here is the decision.

Failure to oppose a motion

A party seeking to vacate an order entered upon a default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion. The court may accept a detailed and credible explanation of law office failure as a reasonable excuse in support of the motion to vacate.

Ackerson Bldrs., LLC v. Corbett, NY Slip Op 00111 (2d Dep't January 14, 2026)

Here is the decision.

Premises liability

A landowner owes a duty of care to maintain its property in a reasonably safe condition. The duty is premised on the landowner's exercise of control over the property, as the person in possession and control of  a property is best able to identify and prevent any harm to others. A landowner who has transferred possession and control is generally not liable for injuries caused by dangerous conditions on the property. However, an out-of-possession landlord may be liable for injuries occurring on the premises if it has retained control of the premises, is contractually obligated to perform maintenance and repairs, or is obligated by statute to perform such maintenance and repairs.

Yongxi Li v. Pei Xing Huang, NY Slip Op 07432 (2d Dep't December 31, 2025)

Here is the decision.

Appellate practice

The factual argument that plaintiffs pursue on appeal is not the same one that they made before Supreme Court, and so the argument is not properly before the Appellate Division.

Continuum Energy Tech., LLC v. Iron Oak, Inc., NY Slip Op 00053 (1st Dep't January 8, 2026)

Here is the decision.

Motions for summary judgment

Since the defendant failed to eliminate all triable issues of fact, the Supreme Court properly denied his motion, regardless of the sufficiency of the plaintiff's opposition papers.

Delos-Santos v. Kaisman, NY Slip Op 07377 (2d Dep't December 31, 2025)

Here is the decision.

Contract law

Extrinsic evidence may be considered in assessing the implied covenant claim, even if not relevant to the breach of contract claim.

AMF Trust Ventures, LLC v. 180 Group, LLC, NY Slip Op 00073 (1st Dep't January 8, 2026)

Here is the decision.

Failure to answer

A defendant''s submission of an affirmation, instead of an affidavit, to present his reasonable excuse for not answering the complaint, was a mere technical procedural irregularity which can be disregarded, pursuant to CPLR 2001, 2101[f]. Plaintiffs waived any objection to the form of the submission by failing to return it within 15 days of receipt, pursuant to CPLR 2101[f]. To the extent that the defendant was required to cure the defect, he did so by ultimately serving an affidavit, which the court had discretion to accept pursuant to CPLR 2001.

S.G. v. New York City Health & Hosps. Corp., NY Slip Op 00068 (1st Dep't January 8, 2026)

Here is the decision.