Appellate Division, First Department · October 1, 2026 · 2026 NY Slip Op 05614
Sutton v 76 St. Nicholas Place, LLC
Read the official decision: 2026 NY Slip Op 05614
Holding The court modified the lower court’s order to substitute the purchaser as the defendant, instead ordering that the purchaser be joined as an additional defendant. This modification was necessary because full substitution would prejudice plaintiffs by introducing a knowledge defense that could diminish their potential damages.
The court’s words
full substitution is prejudicial to plaintiffs, as it would inject into the litigation the issue of whether the purchaser knew or had reason to know about the overcharge
2026 NY Slip Op 05614, at the official text
the court should have exercised its discretion to order that the purchaser be joined in the action as a party defendant rather than substituted as the defendant
2026 NY Slip Op 05614, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 1, 2026 |
| Citation | 2026 NY Slip Op 05614 |
| Area of law | Real Property · Landlord and Tenant and Housing |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05614 |
| 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 | 789 |
Recommended citation
ESQ HQ, New York Law Watch, Sutton v 76 St. Nicholas Place, LLC, 2026 NY Slip Op 05614 (Appellate Division, First Department, October 1, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05614/
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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