On July 2, 2026, the First Department issued a decision in Slabakis v. Poyiadjis, 2026 NY Slip Op. 04265, sanctioning counsel for bringing a frivolous appeal seeking to reverse the trial court’s sanctions against counsel . . . Continue reading Counsel Sanctioned For Bringing Frivolous Appeal Seeking to Reverse Trial Court’s Sanctions Against It
On June 25, 2026, the First Department issued a decision in Mendon Ventures Fintech Fund I LP v. Equitus Corp., 2026 NY Slip Op. 04040, holding that a court erred in not sanctioning a party whose claims were based on a false affidavit . . . Continue reading Court Erred in Not Sanctioning Party Whose Claims Were Based On False Affidavit
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
On May 21, 2026, the First Department issued a decision in Motcomb Estates, Ltd. v. CMB Export Infrastructure Inv. Group 48, LP, 2026 NY Slip Op. 03234, holding that the denial of a motion to dismiss defeated a malicious prosecution claim . . . Continue reading Denial of Motion to Dismiss Defeats Malicious Prosecution Claim
On April 17, 2026, Justice Boddie of the Kings County Commercial issued a decision in WHOP, Inc. v. Salisbury, 2026 NY Slip Op. 31693(U), awarding limited spoliation sanctions for negligent destruction of evidence because of limited evidence of prejudice . . . Continue reading Court Awards Limited Spoliation Sanctions For Negligent Destruction of Evidence Because of Limited Evidence of Prejudice
On April 7, 2026, the First Department issued a decision in Link Motion Inc. v. DLA Piper LLP (us), 2026 NY Slip Op. 02066, upholding sanctions awarded against counsel and its client for asserting baseless legal malpractice claims . . . Continue reading Counsel and Client Sanctioned for Asserting Baseless Legal Malpractice Claims
On March 25, 2026, the Second Department issued a decision in Yong Hong Xie v. Lan Chen, 2026 NY Slip Op. 01819, holding that a motion for contempt should be denied because of the failure to give the required notice . . . Continue reading Contempt Motion Denied Because of Failure to Provide Required Notice
On February 18, 2026, the Second Department issued a decision in Sanchez v. Uber Tech., Inc., 2026 NY Slip Op. 00926, holding that a motion for discovery sanctions was properly denied because of the movant’s failure to submit an affirmation of good faith . . . Continue reading Motion for Discovery Sanctions Failed for Lack of Affirmation of Good Faith
On January 8, 2026, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2026 NY Slip Op. 00053, holding that a motion to strike was deficient because it was not supported by an affirmation of good faith . . . Continue reading Motion to Strike Fails for Lack of Affirmation of Good Faith
On November 20, 2025, the First Department issued a decision in Sherman v. Zampella, 2025 NY Slip Op. 06397, holding that a discovery sanction was inappropriate because of insufficient evidence of an intentional refusal to provide discovery . . . Continue reading Sanction Inappropriate Because of Insufficient Evidence of Intentional Refusal to Provide Discovery
