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, explaining:
Supreme Court properly granted defendants’…
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…
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, explaining:
However, in opposition, the corporation raised a triable issue of fact as to whether…
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, explaining:
The Supreme Court also should have denied that branch of the…
On May 27, 2026, the Second Department issued a decision in OneWest Bank, FSB v. Johnson, 2026 NY Slip Op. 03315, holding that an action cannot be dismissed for failure to prosecute before issue has been joined, explaining:
The plaintiff correctly contends that the Supreme Court was without authority to dismiss the complaint in…
On May 27, 2026, the Second Department issued a decision in U & Me Homes, LLC v. County of Suffolk, 2026 NY Slip Op. 03331, holding that an order issued sua sponte was not directly appealable, explaining:
The appeals from so much of the order as, sua sponte, declared that enforcement of the restrictive…
On May 14, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Avion Funding v. Access Prods. Inc., 2026 NY Slip Op. 32048(U), holding that a plaintiff may not move to dismiss an affirmative defense of failure to state a claim, explaining:
CPLR 321 l(b) provides that a party may…
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, explaining:
The complaint, which asserted a single cause of action, for malicious prosecution,…
On May 20, 2026, the Second Department issued a decision in City of Philadelphia Bd. of Pensions & Retirement v. Winters, 2026 NY Slip Op. 03141, holding that a motion to dismiss for lack of standing fails if the movant cannot show a lack of standing as a matter of law, explaining:
The Supreme…
On May 20, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Poyer, 2026 NY Slip Op. 03145, reversing a dismissal for failure to prosecute because of inadequate notice, explaining:
CPLR 3216 permits a court, on its own initiative, to dismiss an action for want of prosecution where certain…
