Appellate Division, First Department · September 29, 2026 · 2026 NY Slip Op 05482
Murphy v PHG Funding LLC
Read the official decision: 2026 NY Slip Op 05482
Holding 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.
The court’s words
the facts alleged are still palpably insufficient to state claims for affirmative relief
2026 NY Slip Op 05482, at the official text
defendants have not adequately alleged how any of the settlement documents were breached
2026 NY Slip Op 05482, at the official text
defendants have not identified any misrepresentation of fact by Murphy or Nigro
2026 NY Slip Op 05482, at the official text
the PARS operating agreement expressly governs that transaction and provides for that result
2026 NY Slip Op 05482, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 29, 2026 |
| Citation | 2026 NY Slip Op 05482 |
| Area of law | Contracts and Commercial |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05482 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 657 |
Recommended citation
ESQ HQ, New York Law Watch, Murphy v PHG Funding LLC, 2026 NY Slip Op 05482 (Appellate Division, First Department, September 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05482/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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