On June 10, 2026, the Second Department issued a decision in Watts v. Espinoza, 2026 NY Slip Op. 03697, holding that a trial court did not abuse its discretion in refusing to enforce a default provision in a discovery stipulation . . . Continue reading Court Did Not Abuse Discretion in Refusing to Enforce Default Provision of Discovery Stipulation
On June 3, 2026, Justice Reed of the New York County Commercial Division issued a decision in Cortlandt St. Recovery Corp. v. TPG Capital Mgt., L.P., 2026 NY Slip Op. 50868(U), sanctioning a party for bringing frivolous claims based on dismissal of similar claims in an earlier action . . . Continue reading Party Sanctioned For Bringing Frivolous Claim Based On Dismissal of Similar Claims in Earlier Action
On June 11, 2026, the First Department issued a decision in Peng v. Board of Mgrs. of Acmos on Chrystie LLC, 2026 NY Slip Op. 03740, holding that a court properly denied a motion for discontinuance . . . Continue reading Court Properly Denied Motion for Discontinuance
On June 2, 2026, the First Department entered a decision in Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc., LLC, 2026 NY Slip Op. 03386, holding that a fraud counterclaim was barred by an agreement’s no representation clause . . . Continue reading Fraud Counterclaim Barred by Agreement’s No Representation Clause
On June 2, 2026, the First Department issued a decision in Board of Mgrs. of the 432 Park Condominium v. 56th & Park (NY) Owner, LLC, 2026 NY Slip Op. 03381, holding that an agreement did not require indemnification in intraparty disputes because the right to such indemnification was not unmistakably clear . . . Continue reading No Intraparty Indemnification Because Agreement Did Not Unmistakably Require It
On May 27, 2026, Justice Ondrovic of the Westchester County Commercial Division issued a decision in Morataya v. 183 Lincoln Ave. LLC, 2026 NY Slip Op. 50819(U), holding that a contract claim based on an oral contract to purchase real property was barred by the Statute of Frauds . . . Continue reading Oral Contract Claim Regarding Real Property Barred by Statute of Frauds
On May 28, 2026, the First Department issued a decision in James Thomas Realty, LLC v. Cheliotes, 2026 NY Slip Op. 03362, holding that because a derivative claim is an equitable claim, there is no right to a jury trial even though the plaintiff is seeking money damages . . . Continue reading Because a Derivative Claim is Equitable, No Right to Jury Trial Even if the Action Seeks Money Damages
On April 30, 2026, the First Department issued a decision in Arena Vantage SPV, LLC v. Actionable Process LLC, 2026 NY Slip Op. 02722, holding that even though an agent had no contractual duty to enforce lenders’ rights, it still could be liable for breach of the covenant of good faith and fair dealing by failing to do so . . . Continue reading Even Though Agent Had No Contractual Duty to Enforce Lenders’ Rights, It Still Could be Liable for Breach of Covenant of Good Faith and Fair Dealing by Failing to Do So
On May 27, 2026, the Second Department issued a decision in BP3 Capital, LLC v. 5120 Realty Corp., 2026 NY Slip Op. 03286, holding that apparent authority must be based on the acts of the principal, not the agent . . . Continue reading Apparent Authority Must Be Based on the Acts of the Principal, Not the Agent
On May 27, 2026, the Second Department issued a decision in Dual Diagnosis Treatment Ctr., Inc. v. Yellowstone Capital W., LLC, 2026 NY Slip Op. 03292, holding that a Judiciary Law 487 claim based on use of false affidavits should survive dismissal . . . Continue reading Judiciary 487 Law Claim Based on Allegations of Use of False Affidavits Survives Dismissal
