Appellate Term, Second Department · June 17, 2026 · 2026 NY Slip Op 51302[U]
Saliba v MHANY Mgt.
Read the official decision: 2026 NY Slip Op 51302[U]
Holding 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.
The court’s words
the existence of a contract, the plaintiff's performance pursuant to the contract, the defendant's breach of its contractual obligations, and damages resulting from the breach
2026 NY Slip Op 51302[U], at the official text
consequential damages, such as to personal property, for food or cleaning supplies, are not recoverable for such a breach
2026 NY Slip Op 51302[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | June 17, 2026 |
| Citation | 2026 NY Slip Op 51302[U] |
| Area of law | Contracts and Commercial |
| Week | Week ending June 20, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51302[U] |
| 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 | 281 |
Recommended citation
ESQ HQ, New York Law Watch, Saliba v MHANY Mgt., 2026 NY Slip Op 51302[U] (Appellate Term, Second Department, June 17, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51302-u/
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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