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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
CourtAppellate Division, First Department
DecidedOctober 1, 2026
Citation2026 NY Slip Op 05614
Area of lawReal Property · Landlord and Tenant and Housing
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05614
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id789

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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Published October 1, 2026. Updated October 1, 2026.