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Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06164

VK Dental Group, Inc. v Tender Touch Physical Therapy, PLLC

Read the official decision: 2026 NY Slip Op 06164

Holding 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.

The court’s words

the defendants raised a triable issue of fact as to whether the plaintiff failed to perform its obligations under the terms of the sublease agreements

2026 NY Slip Op 06164, at the official text

the plaintiff failed to comply with its obligations under the sublease agreements to pay for 50% of utilities and by having gas service disconnected

2026 NY Slip Op 06164, at the official text
CourtAppellate Division, Second Department
DecidedOctober 21, 2026
Citation2026 NY Slip Op 06164
Area of lawContracts and Commercial
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06164
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1429

Recommended citation

ESQ HQ, New York Law Watch, VK Dental Group, Inc. v Tender Touch Physical Therapy, PLLC, 2026 NY Slip Op 06164 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06164/

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 21, 2026. Updated October 21, 2026.