New York Law Watch
Contracts and Commercial: 2026 decisions
This collection concerns the formation, enforcement and breach of agreements, with records on commercial promises, guaranties and contractual remedies.
Consumer claims about deceptive practices and transactions are filed here, including challenges to advertising and representations made in selling goods or services.
For Contracts and Commercial, 2026 decisions, Law Watch lists 107 indexable decisions dated June 17, 2026 to November 12, 2026 across 13 decision weeks.
114 decision records: 107 meet the substance floor; 7 records are held from search listings.
Week ending November 14, 2026
Browse the week ending November 14, 2026
- Iron Horse Credit LLC v Wilner2026 NY Slip Op 06573
The Appellate Division modified the lower court’s order to reinstate the plaintiff’s claim for breach of a release provision, finding that the defendant failed to show the release utterly refuted the plaintiff’s reasonable interpretation of the clause. The court also affirmed the denial of sanctions, noting the law firm was not a respondent and the omission was corrected in the amended complaint.
- BP Energy Company v LOLA Energy PetroCo LLC2026 NY Slip Op 06569
The Appellate Division affirmed the preliminary injunction enjoining the defendant from distributing encumbered proceeds, finding that the plaintiff demonstrated a probability of success on the merits, irreparable harm due to unauthorized asset transfers, and a favorable balance of equities. The court noted that the injunction merely enforced existing contractual restrictions against distributions during default.
- Hai Po Sun v Jung Hoon Son2026 NY Slip Op 06564
The Appellate Division reversed the summary judgment dismissing the defendant’s counterclaim, finding that triable issues of fact existed regarding whether the plaintiff acted in a personal capacity out of malice to interfere with the defendant’s employment. The court also reinstated the defendant’s affirmative defense of setoff because the alleged damages exceeded the amount due on the promissory note.
- Deshmukh v Kasowitz Benson Torres LLP2026 NY Slip Op 06550
The appellate court affirmed the order compelling arbitration, determining that a subsequent amended and restated partnership agreement containing an arbitration clause superseded a prior agreement that lacked such a clause. The court held that the subsequent agreement’s explicit language terminating and superseding prior agreements applied to disputes predating the new agreement, even where the employment relationship involved distinct periods.
Week ending November 7, 2026
Browse the week ending November 7, 2026
- VNB N.Y., LLC v Yellow Raven Cab Corp.2026 NY Slip Op 06547
The plaintiff established prima facie entitlement to summary judgment on the note and guaranty, as the defendant’s failure to submit a signed extension agreement did not raise a triable issue of fact given objective evidence of intent. The court held that the plaintiff’s acceptance of reduced payments did not constitute a waiver of the right to full repayment due to the unambiguous no-waiver clause in the documents.
- Spano v Solar-Fi Advisor, LLC2026 NY Slip Op 06545
The appellate court affirmed the dismissal of the amended complaint, finding that the plaintiffs failed to state viable claims for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, or unjust enrichment. The court determined that the operating agreement’s merger approval provision was reasonably interpreted under Delaware law to require only a majority vote, and that further repleading would be futile.
- Shelby’s Toy Store Inc. v Shelby Evolution, LLC2026 NY Slip Op 06543
The court reversed the lower court’s denial of a motion to dismiss a fraudulent misrepresentation claim, finding the claim insufficient due to group pleading and a failure to plead elements with specificity. The court further held that damages for being induced to negotiate are not cognizable in fraud and that the claim was duplicative of the breach of contract claim.
- Pizzarotti, LLC v MDB Dev. Corp.2026 NY Slip Op 06539
The court affirmed the award of retainage damages without a trial because the plaintiff failed to raise a triable issue of fact regarding defects. However, it vacated the judgment regarding requisition number 10 and remanded for a trial because conflicting versions of the document created factual disputes over the damages amount and interest accrual date.
- Latifaj v 1251 Ams. Assoc., LP2026 NY Slip Op 06526
The court affirmed the grant of contractual indemnification to ABM Security and ABM Onsite against Universal, finding that the Asset Purchase Agreement clearly shifted liability for the security business. However, the court modified the order to dismiss the cross-claim for contribution against Universal because it was found to be free from negligence as a matter of law.
- Ahmed v Choudhry2026 NY Slip Op 06518
The Appellate Division affirmed the dismissal of the complaint, finding that the plaintiff’s claims were time-barred and that equitable estoppel did not apply due to a lack of due diligence. The court further held that several causes of action, including civil embezzlement and attorneys’ fees, were not recognized as independent claims in New York.
- Dranovsky v Bukh2026 NY Slip Op 06415
The court affirmed the denial of summary judgment on the breach of contract claim but reversed the denial on the fraud claim. The fraud claim was dismissed because it was based on the same allegations as the breach of contract claim.
Week ending October 31, 2026
Browse the week ending October 31, 2026
- JRT Realty Group, Inc. v Cushman & Wakefield, Inc.2026 NY Slip Op 06400
The court affirmed the dismissal of the plaintiff’s claims, holding that the defamation and tortious interference claims were barred by New York’s anti-SLAPP statute because the underlying email addressed a public interest issue. Additionally, the court found the plaintiff lacked standing to enforce the contract and failed to meet the heightened substantial-basis standard required for anti-SLAPP motions.
- 901 Properties, LLC v Bear Glass Inc.2026 NY Slip Op 06380
The trial court properly excluded nonparty invoices from evidence because the plaintiff failed to provide supportive testimony regarding the nonparty’s business practices. Additionally, the court correctly found that the contract did not cover all windows, entitling the defendant to payment for the extra work performed.
- Slabakis v Olympos Trading Corp.2026 NY Slip Op 51825[U]
The court granted summary judgment dismissing the complaint because the plaintiff’s claim for a lost written agreement was barred by the statute of frauds and the Dead Man’s Statute, as he failed to provide admissible evidence of part performance or third-party corroboration. Additionally, the court denied the plaintiff’s motion to amend the complaint to add a joint venture theory due to undue delay and insufficient factual allegations regarding the sharing of losses.
- Killerlane v Meagher & Meagher, P.C.2026 NY Slip Op 06288
The court affirmed the denial of the defendants’ motions to dismiss, holding that the amended complaint sufficiently stated a cause of action for breach of contract and violations of Labor Law article 6. The court further determined that the alleged oral agreement regarding referral fees was not barred by the statute of frauds.
- Sigler v Baldan2026 NY Slip Op 06268
The court affirmed the dismissal of fraudulent conveyance and unjust enrichment claims but reversed the dismissal of the declaratory judgment claim, holding that the plaintiff’s security interest in the co-op shares survived the Florida sheriff’s sale and judgment. The court also remanded the motion to disqualify defense counsel for further proceedings.
- Chirico v 3|5|2 Capital ABS Fund LLC2026 NY Slip Op 06241
The Appellate Division reversed the lower court’s dismissal, reinstating the complaint because the plaintiff sufficiently alleged entitlement to advancement of legal fees under the Fund Agreements. The court found that the indemnity clause explicitly continues coverage for former employees and that the plaintiff adequately alleged the underlying actions were not internal disputes.
- Berko & Associates LLC v B. Jaffe Real Estate JV LLC2026 NY Slip Op 06239
The appellate court held that the plaintiff lacked standing to enforce the LLC Agreement because a no-third-party beneficiary clause barred enforcement by non-signatories, even if defined as affiliates. Consequently, the breach of contract claim was dismissed, but the quantum meruit claim was reinstated because factual issues remained regarding the reasonable value of services.
Week ending October 24, 2026
Browse the week ending October 24, 2026
- VK Dental Group, Inc. v Tender Touch Physical Therapy, PLLC2026 NY Slip Op 06164
The Appellate Division reversed the judgment in favor of the plaintiff because the defendants raised a triable issue of fact regarding the plaintiff’s failure to perform its contractual obligations. Specifically, evidence showed the plaintiff failed to pay for 50% of utilities and had gas service disconnected, precluding summary judgment.
- Perez v Premier Home Health Care Servs., Inc.2026 NY Slip Op 06153
The court affirmed the summary judgment dismissing the plaintiff’s breach of contract claim because the defendant demonstrated it did not terminate the plaintiff during the employment term. The plaintiff remained employed and compensated through the end of the contract, rendering him ineligible for severance benefits.
- O’Hanlon v Renwick2026 NY Slip Op 06129
The court affirmed the interlocutory judgment directing specific performance because the defendant failed to raise a triable issue of fact regarding the parties’ agreement on material terms. Additionally, the plaintiff’s subsequent conduct did not constitute an anticipatory repudiation of the original contract.
- Apuzzo v Central Cabinets, LLC2026 NY Slip Op 06082
The Supreme Court properly denied the plaintiff’s motion to set aside the decision and for a new inquest because the plaintiff failed to establish his entitlement to damages. The trial court providently exercised its discretion in precluding the plaintiff’s witness from testifying regarding the value of the cabinets because the witness lacked the requisite experience to render such an opinion.
- Cura Found. v Shaya2026 NY Slip Op 06061
The court held that the promissory note was an instrument for the payment of money only under CPLR 3213, permitting summary judgment in lieu of complaint. The defendant’s defenses of fraud and breach of the underlying pledge agreement were insufficient to defeat the motion because the note contained an unconditional payment clause and the alleged fraud was legally insufficient.
- Alesco Preferred Funding VIII, Ltd. v ACP Re, Ltd.2026 NY Slip Op 06059
The court granted summary judgment dismissing claims against defendants for breach of indenture, common-law successor liability, alter ego, tortious interference, fraud, and breach of fiduciary duty. It held that unrebutted expert testimony established the defendants were not contractual successors, and that New York law did not apply to the common-law successor liability claim against ACP Re due to minimal Bermuda contacts.
- 513 W. 26th Realty LLC v George Billis Galleries, Inc.2026 NY Slip Op 06058
The court held that New York City Administrative Code § 22-1005, which temporarily barred the enforcement of personal liability guaranties for certain commercial leases during the pandemic, does not violate the Contracts Clause of the United States Constitution. Applying the three-part test, the court found the law served a legitimate public purpose and was a reasonable and appropriate means of addressing the economic emergency, warranting substantial deference to the legislative judgment.
Week ending October 17, 2026
Browse the week ending October 17, 2026
- Waterworks Operating Co., LLC v 514 W. 24th Owner LLC2026 NY Slip Op 06036
The court vacated the judgment and remanded the case for further proceedings on damages because the plaintiff failed to meet its prima facie burden of establishing delivery of all materials required by the contract. The court held that evidence submitted in reply papers without an opportunity for rebuttal must be disregarded.
- Lee v Zeitlin2026 NY Slip Op 06010
The court affirmed summary judgment for plaintiffs on breach of contract and account stated claims, finding defendants failed to fulfill contractual obligations without valid offset or mitigation defenses. The court also affirmed the denial of summary judgment on defendants’ counterclaim for breach of the implied covenant of good faith and fair dealing as premature due to pending discovery.
- BFAM Asian Opportunities Master Fund, LP v Glory Health Indus. Ltd.2026 NY Slip Op 05997
Beneficial owners of notes held through a clearing system have standing to sue based on STAC letters and clearing policies, even if not direct holders. A Chinese law making performance impossible does not excuse performance under a New York law-governed contract lacking a force majeure clause.
- Vashovsky v Zablocki2026 NY Slip Op 05993
The appellate court reversed the lower court’s denial of the motion to dismiss, granting dismissal of the causes of action for interference with a prospective economic advantage. The court held that the plaintiff’s complaint failed to sufficiently allege that the defendants’ actions were meant solely to harm the plaintiff or constituted wrongful means.
- Henick-Lane, Inc. v Hudson Meridian Constr. Group, LLC2026 NY Slip Op 05941
The court affirmed the dismissal of counterclaims for purely economic losses based on an unambiguous indemnity clause that specifically excluded such damages. However, the court reversed the summary judgment regarding costs for security and lost equipment, finding triable issues of fact concerning whether these were consequential damages reasonably contemplated by the parties.
- Grubmarket, Inc. v Thai2026 NY Slip Op 05940
The court affirmed the denial of the motion to dismiss the first counterclaim for breach of contract but granted the motion to dismiss the second counterclaim for breach of the implied covenant of good faith and fair dealing. The dismissal of the second counterclaim was warranted because the allegations sought tort remedies or were duplicative of the contract claim, and the employment agreement permitted termination at will.
- Davidoff v Hershfield2026 NY Slip Op 05931
The court reversed the lower court’s grant of summary judgment and granted the defendants’ motion to dismiss because the promissory note lacked clear language expressly providing for the recovery of fees on fees. The court held that such a right to recover attorneys’ fees for prosecuting a claim for attorneys’ fees must be based on a specific contractual provision and cannot be implied.
- Jacober v Madan2026 NY Slip Op 05911
The court affirmed the dismissal of the plaintiffs’ claims, finding that the complaint failed to plead fraudulent and negligent misrepresentation with sufficient particularity and that the transaction was not consumer-oriented under General Business Law § 349. Consequently, the claim against MassMutual based on respondeat superior also failed because the underlying claims against the brokers were properly dismissed.
- Iken v Bohemian Brethren Presbyt. Church2026 NY Slip Op 05909
The Appellate Division affirmed a jury verdict awarding damages to a tenant for a landlord’s breach of lease duties to clear building violations and install a fire alarm system, which prevented the tenant from operating a preschool. The court rejected the landlord’s arguments that the rent abatement was the exclusive remedy and that the lost profits were speculative or barred by a lease provision limiting recovery to the building’s estate.
- Ho v Star Contrs., Inc.2026 NY Slip Op 05908
The court granted summary judgment to the plaintiffs on their breach of contract claim, finding that the defendants repudiated the contract by demanding additional payment and abandoning the project. Additionally, the court reversed the lower court’s decision to preclude plaintiffs from testifying at trial, deeming the sanction an improvident exercise of discretion.
Week ending October 10, 2026
Browse the week ending October 10, 2026
- Chen Dongwu v New York City Regional Ctr. LLC2026 NY Slip Op 51697[U]
The court granted summary judgment dismissing all remaining claims, holding that plaintiffs failed to establish justifiable reliance or injury for fraud because they received green cards and signed agreements acknowledging receipt of offering materials. Additionally, the court found that the manager’s decisions regarding fee payments and collateral sales were protected by the business judgment rule as they were made in good faith and conflicts of interest were disclosed.
- Caswell v New York State United Teachers2026 NY Slip Op 05889
The court held that a union membership agreement provision requiring the payment of dues until the start of the annual revocation window is not an unenforceable penalty provision. The court affirmed that the plaintiff remained obligated to pay dues until the window period began, rejecting the claim that the provision was grossly disproportionate to actual damages.
- Robles v Fordham Valentine Assoc. LLC2026 NY Slip Op 05867
The court modified the lower court’s order to grant summary judgment dismissing the cross-claim for contribution and common-law indemnification as abandoned, while affirming the denial of summary judgment on the contractual indemnification claim. The court found that factual issues remained regarding whether the plaintiff’s injury arose out of the carpentry work, potentially triggering the indemnification clause.
- Mt. Arlington BH Invs. v Mt. Arlington Equity Invs. LLC2026 NY Slip Op 05858
The Appellate Division affirmed summary judgment in favor of the plaintiff, finding that the plaintiff established entitlement under CPLR 3213 by submitting the executed note and evidence of default. The court rejected the defendants’ claim that the loan was never disbursed, noting that the note’s language of ‘for value received’ undermined their speculation.
- Kapitus Servicing, Inc. v Southern Source, Inc.2026 NY Slip Op 05855
The Appellate Division affirmed the denial of the motion to vacate a default judgment, finding that defendants had actual notice of the action despite potential notary defects. Additionally, the court held that defendants failed to establish a usury defense because they did not prove the underlying agreement was a loan with a finite term.
- Iberdrola Energy Projects v Oaktree Capital Mgt., L.P.2026 NY Slip Op 05854
The court affirmed the dismissal of the plaintiff’s fraud claims because the plaintiff failed to plead detrimental reliance on misrepresentations collateral to the contract, as the alleged inducement involved pre-existing contractual obligations. Additionally, the plaintiff’s renewed challenges to the enforceability of the work-pending-dispute and nonrecourse provisions were barred by the law of the case doctrine.
- City of New York v Exxon Mobil Corp.2026 NY Slip Op 05851
The court affirmed the dismissal of the City’s claims, holding that the alleged product greenwashing statements were not deceptive because they were comparative and the public is already aware that fossil fuels contribute to climate change. Additionally, the corporate greenwashing claims failed because the statements were not made in connection with the sale or offering for sale of consumer goods or services, which is required under the City’s Consumer Protection Law.
- White v Titan Capital ID, LLC2026 NY Slip Op 05826
The Appellate Division affirmed the dismissal of the plaintiffs’ breach of contract, fraudulent inducement, and tortious interference claims, finding no triable issues of fact. However, the court reversed the denial of attorneys’ fees, holding that the loan agreements unmistakably required the plaintiffs to indemnify the defendants for litigation costs.
- USMMA Sailing Found., Inc. v Hilb Group of N.Y., LLC2026 NY Slip Op 05824
The court reversed the lower court’s order and granted the defendant’s motion to dismiss the General Business Law § 349 cause of action and the associated request for attorneys’ fees. The court determined that the plaintiff’s allegations described a private contract dispute unique to the parties rather than conduct with a broad impact on consumers at large.
- Cammayo v 1AND8, Inc.2026 NY Slip Op 05762
The voluntary payment doctrine does not preclude a cause of action for damages alleging a violation of Arts and Cultural Affairs Law § 25.07(4) because the statute requires disclosure prior to ticket selection. The plaintiff has standing to sue based on the injury of paying an allegedly unlawful fee, and triable issues of fact exist regarding whether the fee disclosure was clear and conspicuous.
- An v Long Is. Bd. of Realtors2026 NY Slip Op 05758
The Appellate Division reversed the lower court’s denial of dismissal for the negligence, breach of fiduciary duty, and unjust enrichment claims, finding that the plaintiffs’ allegations were based solely on contractual relationships or failed to establish necessary elements like justifiable reliance or consumer-oriented conduct. The court affirmed the dismissal of the fraud, conspiracy, and injurious falsehood claims, noting that the plaintiffs could not reasonably rely on the defendants’ representations and the injurious falsehood claim was time-barred.
- 710 E Elizabeth Ave, LLC, et al., appellants, v Jhong Kim, respondent.2026 NY Slip Op 05756
The Appellate Division reversed the lower court’s dismissal, reinstating the amended complaint and remitting the matter for judgment in favor of the plaintiffs. The court found that the defendant failed to prove he was acting as an agent for a disclosed principal, thereby establishing personal liability for the breach of the loan agreement.
- Matter of Group US Mgt. LLC v James2026 NY Slip Op 05754
The court affirmed the denial of a petition to quash a non-judicial subpoena, finding that the requested documents concerning out-of-state restaurants bore a reasonable relationship to the investigation due to the petitioner’s use of New York-based entities and addresses. The Attorney General was authorized to enforce state consumer protection laws on behalf of out-of-state residents where New York addresses were used to facilitate deceptive transactions.
- Santander Bank, N.A. v NY Business Holdings Inc.2026 NY Slip Op 05750
The Appellate Division affirmed the grant of summary judgment for breach of lease and guaranty, finding the plaintiff established its prima facie entitlement and the defendants failed to raise triable issues of fact. The court also affirmed the denial of leave to amend the answer to assert a forgery defense, deeming the proposed amendment patently devoid of merit given the defendants’ payment history.
- IKB Intl. S.A. v U.S. Bank, N.A.2026 NY Slip Op 05726
The court reinstated claims regarding disclosed noncompliance events of default and mortgage file defects, finding that issues of fact precluded summary judgment and that liquidation does not automatically bar repurchase enforcement claims. It also granted plaintiffs summary judgment on standing for specific contract claims while dismissing claims based on ratings downgrades that did not meet the required threshold.
- Haubold v Towers on the Park Condominium2026 NY Slip Op 05725
The court affirmed the dismissal of the plaintiffs’ claims for tortious interference and breach of fiduciary duty because they failed to identify any independent tortious conduct by the defendants. The enforcement of the plaintiffs’ agreement to obtain a new tax lot for their combined units did not constitute disparate treatment under the business judgment rule.
- Goldberg v Torim2026 NY Slip Op 05721
The Appellate Division modified the lower court’s order to deny defendants’ motions for summary judgment except as to the direct cause of action for conversion against Leah Torim, finding that issues of fact precluded summary judgment on tax estoppel and vicarious liability claims. The court affirmed the dismissal of the breach of fiduciary duty claim but reversed the dismissal of the conversion claim due to triable issues regarding the plaintiff’s possessory interest in the proceeds.
- 5 Beekman Property Owner, LLC et al. v Henick-Lane, Inc.2026 NY Slip Op 05712
The court affirmed the order requiring plaintiffs to return a settlement payment made by the defendant’s insurer based on a mistaken belief that a settlement had been reached. The court held that the voluntary payment doctrine did not apply because the insurer reserved rights and the payment was based on a mistake of material fact.
Week ending October 3, 2026
Browse the week ending October 3, 2026
- Hakim v Hakim2026 NY Slip Op 05598
The court affirmed the dismissal of a counterclaim on a promissory note because it was based on past consideration without an explicit written recitation or valid antecedent obligation. Additionally, the court upheld the grant of an accounting for a partnership dissolution, noting that a fiduciary relationship exists between partners and an accounting is the proper method for winding up a partnership.
- 62 Wooster, LLC v TML N.Y. Inc.2026 NY Slip Op 05591
The court affirmed the dismissal of claims against guarantors, holding that the guaranties were ambiguous due to conflicting surrender and good guy clauses. Applying the contra proferentem rule against the landlord who drafted the documents, the court determined the guarantors’ liability terminated upon the tenant’s physical surrender of the premises.
- Newgarden v Havemeyer Estates, LLC2026 NY Slip Op 05547
The court granted summary judgment to the plaintiffs on the breach of contract claim for unpaid license fees after the pandemic, as the force majeure defense did not apply post-shutdown. It also granted summary judgment to the LLC member, dismissing the account stated claim against him personally due to the lack of evidence to pierce the corporate veil.
- Data Mtge., Inc. v Money Source, Inc.2026 NY Slip Op 05514
The court affirmed summary judgment on the first cause of action regarding transfer fees but denied summary judgment on the second, third, and fourth causes of action due to contractual ambiguity and insufficient evidence. The court modified the order to grant summary judgment dismissing the counterclaim for breach of the confidentiality provision.
- Board of Educ. of the Blind Brook-Rye Union Free Sch. Dist. v Kliment Halsband Architects2026 NY Slip Op 05512
The court affirmed the dismissal of negligence, fraudulent misrepresentation, and punitive damages claims because they were duplicative of the breach of contract claim. The court found that the plaintiff was seeking the benefit of its bargain and failed to allege an independent tort or duty separate from the contract.
- Borden LP v Sixth St. Partners, LLC2026 NY Slip Op 51639[U]
The court awarded judgment to defendants for breach of contract, finding that the plaintiff breached the credit agreement by selling collateral to an insider at a price lower than the highest valid offer and failing to pay the Switch Sharing Percentage. The court held that the fraudulent conveyance claim was duplicative of the breach of contract damages and dismissed the tortious interference claim because the alleged tortfeasor was not a stranger to the contract.
- Council v National Coll. Athletic Assn.2026 NY Slip Op 26167
The Court granted a preliminary injunction enjoining the NCAA from enforcing eligibility rules against the plaintiff, finding a likelihood of success on claims for breach of the implied covenant of good faith and fair dealing and tortious interference. The Court determined that the NCAA’s cancellation of the waiver request without merit-based review constituted an arbitrary action that infringed upon the plaintiff’s property rights and prospective business relationships.
- Tahari v Narkis2026 NY Slip Op 05505
The Appellate Division reversed the lower court’s grant of summary judgment on a breach of contract claim because the defendant’s affidavit and other evidence created a material issue of fact regarding whether a $9 million transfer was a new loan or the repayment of an old debt. The court held that the defendant’s affidavit was competent evidence sufficient to preclude summary judgment despite being submitted by an interested party.
- Murphy v PHG Funding LLC2026 NY Slip Op 05482
The Appellate Division affirmed the denial of leave to file amended pleadings because the proposed counterclaims and third-party complaints were palpably insufficient to state claims for affirmative relief. The court found that the defendants failed to adequately allege breaches of the settlement documents or specific misrepresentations necessary to support fraud claims.
- KB Green Valley North, DST v KeyBank National Association2026 NY Slip Op 05479
The court affirmed the dismissal of the complaint, finding that the loan agreement’s requirement for a five-year lease term was unambiguous. Because the tenant’s lease included an option to terminate after 13 months, it did not constitute a valid five-year term to cure the cash sweep event.
- Interasian Digital Technology Holdings Ltd. v In Jin Moon Park2026 NY Slip Op 05478
The judgment was reversed because the plaintiff’s evidence was submitted via a defective attorney affirmation that failed to comply with CPLR 2106. Additionally, the defendant was not liable for her ex-husband’s fraudulent conveyances because she did not participate in the transfer of assets or benefit from the scheme.
- Carpet Diem 17 Corp v To2026 NY Slip Op 51566[U]
The Appellate Term reversed a small claims judgment because the trial court failed to ascertain as a threshold matter whether the contractor possessed the requisite license. Since the plaintiff admitted to being unlicensed, the home improvement contract was unenforceable under substantive law.
- Hayes v Muddy Paws Rescue2026 NY Slip Op 51565[U]
The court affirmed the dismissal of the plaintiff’s replevin claim because a prior written agreement transferred ownership of the dog to Animal Care Centers of NYC, leaving the plaintiff without an ownership interest. Additionally, the cross-motion for sanctions was properly denied because the defendants’ conduct was not frivolous.
Week ending September 26, 2026
Browse the week ending September 26, 2026
- Corporate Woods 15, LLC v West Bradford Corp.2026 NY Slip Op 51642[U]
The court denied the motion for a preliminary injunction in aid of arbitration because the petitioners failed to demonstrate a fair probability of success on the merits, specifically regarding the interpretation of the operating agreements and fiduciary duties. The court ordered the defendant to arbitrate the claims and stayed the declaratory judgment action during the pendency of the arbitration.
- TAB Equity Group, LLC v Sharestates Invs. DACL, LLC2026 NY Slip Op 05438
The Supreme Court properly dismissed the breach of contract claims against the Toorak defendants because the plaintiff failed to identify which specific provision of the loan documents was breached. The tortious interference claim was also properly dismissed because there was no evidence that the defendants procured a breach of the contract of sale.
- Superior Air Conditioning and Heating, Inc. v Russo2026 NY Slip Op 05437
The Appellate Division affirmed the lower court’s judgment granting summary judgment in lieu of complaint to the plaintiff, as the plaintiff established a prima facie case for recovery on an absolute and unconditional guaranty. The defendant failed to raise a triable issue of fact to defeat the motion.
- Man Ling Chan Lam v Qing Yun Xiao2026 NY Slip Op 05389
The Appellate Division affirmed the dismissal of the complaint against the bank, title company, and title closer because the plaintiff failed to allege specific facts showing those defendants intentionally misrepresented material facts or that the plaintiff relied on such misrepresentations. The court also upheld the denial of leave to amend, finding the proposed negligence and aiding and abetting fraud claims were speculative and conclusory.
- Civil Serv. Empls. Assn., Inc. v Town of Eastchester2026 NY Slip Op 05378
The court affirmed the dismissal of the complaint because the plaintiffs failed to file a required notice of claim under Town Law § 65(3). The court determined that the exception for ongoing violations did not apply and that the notice was a condition precedent to maintaining the action.
- Bank of America, N.A. v Discobath Products, Inc.2026 NY Slip Op 05377
The Appellate Division affirmed the summary judgment in favor of the bank, finding that the plaintiff established its prima facie entitlement to judgment by submitting an analyst’s affidavit with business records demonstrating the defendants’ default. The court rejected the defendants’ argument that the motion was premature because discovery had not yet occurred, noting that mere speculation about future evidence is insufficient to defeat summary judgment.
- Martinez v 56th Realty LLC2026 NY Slip Op 05373
The Appellate Division reversed the grant of summary judgment on the owner’s cross-claim for contractual indemnification because there was an issue of fact regarding whether the owner’s agents were negligent. Under General Obligations Law § 5-322.1(1), indemnification agreements are unenforceable to the extent they cover liability contributed to by the negligence of the promisee’s agents.
- Juarez v Avacon Mgt. LLC2026 NY Slip Op 05372
The Appellate Division affirmed the dismissal of the third-party complaint, holding that the indemnification provision in the subcontract rider was unenforceable because the parties failed to reach a meeting of the minds regarding the scope of work. The court determined that the vagueness of the oral agreement’s scope of work prevented the rider from manifesting a clear and unmistakable intent to indemnify for the specific liabilities involved.
- Aurelius Capital Master Ltd. v Hertz Intl. Ltd.2026 NY Slip Op 05369
The Appellate Division affirmed the judgment awarding plaintiffs the Alternative Financing Premium, holding that the phrase ‘commits to raise’ in the Backstop Agreement encompasses significant affirmative steps toward securing financing, not just binding agreements. The court further held that the impossibility exception did not apply because the Scheme Transaction remained legally feasible despite the failure to obtain a Bifurcation Order.
Week ending September 19, 2026
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- J & GS Restoration, Inc. v Metro Contrs., LLC2026 NY Slip Op 51593[U]
The Appellate Term modified the judgment to increase the award to $2,850 to account for the undisputed $50 balance on the first project, while affirming the trial court’s credibility determination regarding the second project. The court found that substantial justice required the adjustment based on the parties’ agreement regarding payments made.
- Phillip v Leman Manhattan Preparatory Sch.2026 NY Slip Op 51585[U]
The Appellate Term reversed the lower court’s dismissal, finding that the private school breached the enrollment contract by refusing admission based on an extra-contractual vaccination requirement to which the parent had not consented. Consequently, the contractual prohibition against refunds was inapplicable, and the plaintiff was entitled to a refund of the tuition paid.
- Balalaos v Bernstein2026 NY Slip Op 51584[U]
The court reversed the lower court’s judgment because the plaintiff, an unlicensed home improvement contractor, is barred from recovering payment for work performed. The court held that the plaintiff’s use of licensed subcontractors did not cure the lack of a personal license required by law.
- Shetty v ACEA Consulting Group, LLC2026 NY Slip Op 51583[U]
The Appellate Term reversed the lower court’s judgment because the plaintiff failed to establish her performance under the contract by providing necessary financial details. Additionally, the court found that the lower court’s award of $3,000 lacked any basis in the record or explanation.
- State of New York v UnitedHealthcare of N.Y., Inc.2026 NY Slip Op 51551[U]
The court denied the defendants’ motion to dismiss the breach of contract claims, finding that while the claims relate to ERISA plans, the defendants failed to prove that all claims are subject to express preemption. The court dismissed the unjust enrichment and declaratory judgment causes of action as redundant or duplicative of the contract claim.
- Matter of Wells Fargo Bank v HBK Master Fund L.P.2026 NY Slip Op 05368
The Appellate Division affirmed the lower court’s determination that payments of previously deferred principal under HAMP modifications should be treated as Subsequent Recoveries under the Pooling and Servicing Agreements. Although the payments did not fit squarely within the contractual definition, the court held they should be treated as such based on the PSAs’ structure and the parties’ course of performance.
- Zeltser v Kukolev2026 NY Slip Op 05353
The Appellate Division modified the lower court’s order to dismiss the defendants’ counterclaims for breach of contract, conversion, breach of fiduciary duty, accounting, and partition, as they were barred by the statute of frauds or failed to state a cause of action. However, the court affirmed the denial of dismissal for the unjust enrichment counterclaims, finding that the statute of frauds does not preclude quasi-contractual recovery.
- Rogoff v Long Is. Univ.2026 NY Slip Op 05333
The court affirmed the summary judgment dismissing the breach of contract claim because the employment contract did not contain language entitling the plaintiff to the alleged transition terms. The court held that extrinsic evidence of pre-contract conversations could not be considered to interpret the unambiguous contract.
- Peach, Inc. v RJR Services, Inc.2026 NY Slip Op 05322
The Appellate Division modified the judgment to reflect the outstanding principal balance of $12,152, holding that the trial court erred in considering extrinsic evidence of an oral agreement to vary the terms of the integrated written instruments. The court applied the parol evidence rule, noting that the promissory note and business purchase agreement were clear, unambiguous, and contained a merger clause.
- Marchand v NPL Consulting Servs., Inc.2026 NY Slip Op 05302
The court affirmed the dismissal of the fraud and aiding and abetting fraud claims because the plaintiffs failed to adequately allege justifiable reliance, as the plaintiff was an experienced businessperson who did not conduct due diligence. The court also dismissed the General Business Law §§ 349 and 350 claims because the complaint alleged a private contract dispute rather than consumer-oriented conduct.
- Lori Joseph Builders, Inc. v Torres2026 NY Slip Op 05300
The Appellate Division reversed the judgment in favor of the plaintiff, finding that the defendant was not personally liable for payment under the contracts and that the agreements were unenforceable due to indefiniteness. The court also held that the plaintiff could not recover in quantum meruit for lack of evidence regarding the reasonable value of services.
- Lenihan v Muhametja2026 NY Slip Op 05298
The Appellate Division reversed the lower court’s dismissal of the fraud claim, finding that triable issues of fact existed regarding whether the defendants actively concealed property defects. The court affirmed the dismissal of the breach of contract claim because the plaintiffs failed to identify any contractual provision that survived the merger of the deed.
- King v Kohn2026 NY Slip Op 05296
The court affirmed the dismissal of the plaintiff’s claims against defendant Gluck, holding that the fraud allegations were duplicative of the breach of contract claims and that civil conspiracy is not an independent cause of action. Additionally, the court affirmed the vacatur of the notice of pendency because the complaint did not seek relief affecting title or possession of real property.
- Civetta Mechanical, LLC v AWL Industries, Inc.2026 NY Slip Op 05271
The court affirmed the denial of dismissal for breach of contract and implied covenant claims, finding sufficient allegations of mutual assent. However, it reversed the denial of dismissal for unjust enrichment, third-party beneficiary, and General Municipal Law § 101(5) claims, finding them legally insufficient.
- Blade Funding, LLC v Build Retail, Inc.2026 NY Slip Op 05268
The court affirmed the denial of the defendants’ motion to vacate a clerk’s judgment, finding that a minor error in the plaintiff’s name did not prejudice the defendants and that the court had subject matter jurisdiction under General Obligations Law § 5-1402. The court further held that the transaction constituted a purchase of future receivables rather than a usurious loan because repayment was contingent on the merchant’s receipts.
- 90 Chicken Corp. v 90 Jericho Realty Corp.2026 NY Slip Op 05258
The Appellate Division affirmed the lower court’s denial of specific performance and award of nominal damages, finding that the plaintiff failed to prove lost future profits with reasonable certainty. The court determined that the plaintiff did not demonstrate that the defendant was able to deliver the property or that there was no adequate remedy at law.
Week ending September 12, 2026
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- Gamma USA, Inc. v Pavarini McGovern, LLC2026 NY Slip Op 05237
The Appellate Division modified the lower court’s order to dismiss only those portions of the counterclaim seeking delay damages in excess of the $3.6 million liquidated damages cap and consequential damages. The court held that the contractual provisions did not limit the recovery of the Owner’s direct damages, which remained recoverable under the pass-through claim.
- ET JV Holdings, LLC v TBH-ASL BSA Member LLC2026 NY Slip Op 51558[U]
The court held that a premature buy-back notice is defective under New York law’s strict construction of option contracts, requiring notice to be served within the specified period. Additionally, the court determined that the proposed sale violated the operating agreement because it was not for the ‘entire Company’ and included prohibited additional consideration in the form of management fees.
Week ending September 5, 2026
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- Jefferies LLC v Mountain State Energy Holdings LLC2026 NY Slip Op 05232
The court affirmed the dismissal of the tortious interference claim against the nonparty defendant because the confidentiality agreement’s nonrecourse provision barred liability, and the alleged conduct did not constitute the type of intentional wrongdoing unrelated to legitimate economic self-interest required to render such provisions unenforceable. Additionally, the claim against the contracting party was dismissed as duplicative of the breach of contract claim, and the fraudulent inducement claim failed due to insufficient pleading and improper damages.
- Kept Realty, LLC v Meir Miller, LLC2026 NY Slip Op 05174
The court modified the lower court’s order to deny the plaintiff’s cross-motion for summary judgment because the lease provisions regarding the renewal option were ambiguous and triable issues of fact existed. Specifically, it was unclear whether the tenant was in default beyond the cure period and whether timely written notice of the option’s exercise was provided.
- Jacobs v Arlington Owners Inc.2026 NY Slip Op 05173
The court affirmed the dismissal of the breach of contract and implied covenant of good faith and fair dealing claims because the plaintiff failed to demonstrate that the defendant breached any specific provision of the terms of sale. The terms of sale did not obligate the defendant to assist the plaintiff with financing or allow access for an appraisal, and the implied covenant cannot create obligations inconsistent with the contract’s plain terms.
- Druzhinsky v Trump Vil. Section 4, Inc.2026 NY Slip Op 05164
The plaintiff breached the contract by failing to submit a complete application package within the required five-day period, entitling the defendant to summary judgment dismissing the complaint. The defendant, as the prevailing party, is also entitled to recover reasonable attorneys’ fees pursuant to the terms of sale.
- Compensation Guidance, Inc. v Aspro Plumbing, Inc.2026 NY Slip Op 05159
The court affirmed the dismissal of the plaintiff’s breach of contract and unjust enrichment claims because the plaintiff was not licensed as an insurance consultant in New York. Consequently, the contract was deemed unenforceable, and the plaintiff could not recover fees for services rendered.
- A.L.A.C. Contracting Corp. v State of New York-Department of Transportation2026 NY Slip Op 05152
The Court of Claims properly granted summary judgment dismissing the claim because the claimant failed to strictly comply with the contract’s condition precedent notice and record-keeping requirements. The claimant’s notice was untimely, and failure to literally perform these express conditions constituted a waiver of the claim for additional compensation.
Week ending July 25, 2026
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- Lavine v LaFayette Cent. Sch. Dist.2026 NY Slip Op 04651
The court held that the employment agreement did not require the school district to reimburse the plaintiff for Medicare Part B premiums because that plan was not offered through the district. However, the court modified the lower court’s order to reinstate the declaratory judgment portion of the complaint to formally declare the parties’ rights.
- Stache Invs. Corp. v Ciolek2026 NY Slip Op 04646
The Appellate Division affirmed the judgment against the defendant, finding that he failed to prove a mutual mistake in the loan documents by clear and convincing evidence. The court held that the trial court’s rejection of the reformation defense was supported by the evidence and that prior pretrial rulings did not bind the appellate court on the full trial record.
- Tingue v Spencer2026 NY Slip Op 04626
The court affirmed the dismissal of the specific performance claim because the contract failed to comply with the statute of frauds. However, the court vacated the award of $50,000 in damages and attorney’s fees because the defendant failed to establish the monetary value of those damages.
- Armbruster Capital Mgt., Inc. v Barrett2026 NY Slip Op 04576
The court affirmed the lower court’s denial of partial summary judgment because defendants raised triable issues of fact regarding the enforceability of restrictive covenants and the substantiality of any alleged breach. The appellate court determined that these factual disputes precluded the grant of summary judgment on the breach of contract claim.
- EBF Holdings, LLC v Defiant Arms, L.L.C.2026 NY Slip Op 04563
The court held that the revenue purchase agreement was not a usurious loan because repayment was contingent rather than absolute. While the plaintiff met its burden for breach of contract against Defiant Arms, it failed to establish that the guarantor was liable for the specific breach alleged.
Week ending June 20, 2026
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- Ezeoke v Udom2026 NY Slip Op 51307[U]
The Appellate Term reversed the lower court’s dismissal of the complaint, finding that the plaintiff established a prima facie case for breach of contract based on the defendant’s admissions of landlord-tenant status and nonpayment. The court remitted the matter for an assessment of damages, rejecting the lower court’s finding that services rendered constituted payment in full.
- Mallek v Central Loan Admin. & Reporting (CENLAR)2026 NY Slip Op 51303[U]
The court reversed the lower court’s grant of summary judgment because the mortgage servicer failed to establish a prima facie case that its actions were justified under the contract or RPAPL 1308. Specifically, the servicer did not explain why it reimposed a previously waived hazard insurance requirement or why it could treat the property as abandoned while the plaintiff was actively litigating and paying taxes.
- Saliba v MHANY Mgt.2026 NY Slip Op 51302[U]
The Appellate Term affirmed the dismissal of a small claims action for breach of contract because the plaintiff failed to produce a lease or other contract. Furthermore, even assuming a breach of the implied warranty of habitability, the plaintiff could not recover consequential damages for food, furniture, and cleaning supplies.
Also decided
- Invictus Global Management, LLC et al. v Corbin Capital Partners, L.P. et al. 2026 NY Slip Op 06572 November 12, 2026
- Hyposwiss Private Bank Genève SA v JLRE4 LLC 2026 NY Slip Op 06247 October 27, 2026
- Bankers Healthcare Group, LLC v ALC Legacy, LLC 2026 NY Slip Op 05665 October 2, 2026
- 1539 Realty, LLC v Murphy 2026 NY Slip Op 05376 September 23, 2026
- VXI Lux Holdco S.A R.L. v SIC Holdings, LLC 2026 NY Slip Op 51408[U] August 28, 2026
- Ideal You Weight Loss Ctr., LLC v Zillioux 2026 NY Slip Op 04649 July 24, 2026
- Whaley v Higher Educ. Loan Auth. of the State of Mo. 90 Misc 3d 194 March 17, 2026