Alter ego liability.

In seeking to hold a parent corporation liable for its alter ego's actions, a plaintiff must show that the corporation exercised complete domination and control of the action, and committed a fraud or wrong, causing injury to the plaintiff.

Rich v. J.A. Madison, LLC, NY Slip Op 04818 (1st Dep't August 28, 2025)

Here is the decision.

Sanctions for frivolous conduct.

Pursuant to 22 NYCRR 130-1.1, a court, in its discretion, may impose sanctions against a party for frivolous conduct.  Conduct is considered frivolous if it is completely without merit in law or fact and cannot be supported by a reasonable argument for the extension, modification, or reversal of existing law; undertaken primarily to delay or prolong the resolution of the litigation, or to harass or maliciously injure another; or asserts material factual statements that are false.

DeSimone v. Northport-East Northport Union Free Sch. Dist., NY Slip Op 04762 (2d Dep't August 27, 2025)

Here is the decision.

Motions to dismiss.

A motion pursuant to CPLR 3211(a)(1) to dismiss the complaint on the ground that the action is barred by documentary evidence may be granted only where the documentary evidence utterly refutes the plaintiff's allegations, thereby conclusively establishing a defense as a matter of law. If the evidence submitted in support of the motion is not documentary, the motion must be denied. An affidavit is not documentary evidence because its contents can be controverted by other evidence, such as another affidavit.

Curran v. Village of Amityville, NY Slip Op 04760 (2d Dep't August 27, 2025)

Here is the decision.

Failure to prosecute.

CPLR 3216 permits a court to dismiss a complaint for want of prosecution only after the court or the defendant has served the plaintiff with a written notice demanding that the plaintiff resume prosecution of the action and serve and file a note of issue within 90 days after receipt of the demand, and stating that the failure to comply with the demand will serve as the basis for a motion to dismiss the action. Since CPLR 3216 is a legislative creation and not within a court's inherent power, the failure to serve a written notice that conforms to the provisions of CPLR 3216 is the failure of a condition precedent to dismissal of the complaint.

Terryn v. Rubin, NY Slip Op 04741 (2d Dep't August 20, 2025

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Contractual indemnification.

A party's right to contractual indemnification depends on the specific language of the contract. A promise to indemnify should not be found unless it can be clearly implied from the language and purpose of the entire agreement. A party that moves for summary judgment dismissing a claim for contractual indemnification must make a prima facie showing that it was not contractually obligated to indemnify the party asserting the indemnification claim.

Quintero v. 240 Crossways Park Owner, LLC, NY Slip Op 04738 (2d Dep't August 20, 2025)

Here is the decision.

Defamation.

The elements of a cause of action to recover damages for defamation are (1) a false statement that tends to expose a person to public contempt, hatred, ridicule, aversion, or disgrace, (2) published without privilege or authorization to a third party, (3) amounting to fault as judged by, at a minimum, a negligence standard, and (4) either causing special harm or constituting defamation per se. A false statement constitutes defamation per se if it charges another with a serious crime or tends to injure another in its trade, business, or profession.

Absolute privilege attaches to communications of persons participating in a public function, such as judicial, legislative, or executive proceedings. The privilege is based on the personal position or status of the speaker and is limited to the speaker's official participation in the processes of government.

Oxman v. Diana, NY Slip Op 04731 (2d Dep't August 20, 2025)

Here is the decision.

The relation-back doctrine.

The relation-back doctrine allows a party to be added to an action after the expiration of the statute of limitations, and the claim is deemed timely interposed, if (1) the claim arises out of the same conduct, transaction, or occurrence; (2) the additional party is united in interest with the original party; and (3) the additional party knew or should have known that but for a mistake by the plaintiff as to the identity of the proper parties, the action would have been brought against the additional party as well. The linchpin of the relation-back doctrine is whether the new defendant had notice within the applicable limitations period.

Norton v. County of Westchester, NY Slip Op 04729 (2d Dep't August 20, 2025)

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Landlord-tenant.

A lease provision that the tenant must pay attorneys' fees if it commences an action against a defaulting landlord is unenforceable.

Stromberg v. East Riv. Hous. Corp., NY Slip Op 04757 (1st Dep't August 21, 2025)

Here is the decision.

Default judgments.

A plaintiff seeking leave to enter a default judgment pursuant to CPLR 3215 must submit proof of: (1) service of a copy of the summons and complaint; (2) the facts constituting the claim; and (3) the defendant's default in answering or appearing. When a default judgment based on non-appearance is sought against a defendant corporation that has been served pursuant to Business Corporation Law § 306(b), the plaintiff is required to submit proof of mailing of an additional copy of the summons to the corporation at its last known business address. However, the additional notice requirement does not apply to actions affecting title to real property.

Nationstar Mtge., LLC v. Douge, NY Slip Op 04727 (2d Dep't August 20, 2025)

Here is the decision.

Collateral estoppel.

A litigant seeking the benefit of collateral estoppel must demonstrate that the decisive issue was necessarily decided in the prior action against a party, or one in privity with a party. The party to be precluded from relitigating the issue bears the burden of demonstrating the absence of a full and fair opportunity to contest the prior determination.

Comalgri Holding Corp. v. SC Crossfit, Inc., NY Slip Op 04625 (2d Dep't August 13, 2025)

Here is the decision.

Attorneys' fees and sanctions.

22 NYCRR 130-1.1(a) authorizes an award of costs or the imposition of sanctions in favor of "any party or attorney" in any civil action or proceeding "before the court." The non-party's motion for attorneys' fees and costs is denied as untimely since it was made after the parties had executed a stipulation to discontinue the action.

Baugh v. Seagull 27, LLC, NY Slip Op 04620 (2d Dep't August 13, 2025)

Here is the decision.