CPLR 205 Does Not Allow Trustee to Commence a New Action After an Earlier Action on Behalf of the Trust Impermissibly Was Brought by a Certificateholder
Commercial Case Notes

CPLR 205 Does Not Allow Trustee to Commence a New Action After an Earlier Action on Behalf of the Trust Impermissibly Was Brought by a Certificateholder

On June 16, 2022, the Court of Appeals issued a decision in ACE Sec. Corp. v. DB Structured Prods., Inc., 2022 NY Slip Op 03927, holding that CPLR 205 does not allow an RMBS trustee to commence a new action after an earlier action impermissibly brought on behalf of the trust by a certificateholder was dismissed . . . Continue reading CPLR 205 Does Not Allow Trustee to Commence a New Action After an Earlier Action on Behalf of the Trust Impermissibly Was Brought by a Certificateholder

Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction

On June 14, 2022, the First Department issued a decision in Taxi Medallion Loan Trust III v. Brown Eyes Cab Corp., 2022 NY Slip Op. 03879, holding that an agreement’s recital that it was negotiated, executed, and delivered in New York was sufficient to create personal jurisdiction in New York . . . Continue reading Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction

Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction

On May 13, 2022, Justice Cohen of the New York County Commercial Division issued a decision in V6CO LLC v. Business Advocate Law PLLC, 2022 NY Slip Op. 31579(U), holding that the use of a New York bank was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction

Party Not Entitled to Renewal Based on Deposition Testimony it Could Have Obtained Prior to Moving for Summary Judgment But Chose Not to
Commercial Case Notes / Summary Judgment

Party Not Entitled to Renewal Based on Deposition Testimony it Could Have Obtained Prior to Moving for Summary Judgment But Chose Not to

On June 3, 2022, the Fourth Department issued a decision in 2006905 Ontario Inc. v. Goodrich Aerospace Can., Ltd., 2022 NY Slip Op. 03613, holding that a party was not entitled to renew a motion for summary judgment based on deposition testimony it chose not to obtain before it moved for summary judgment . . . Continue reading Party Not Entitled to Renewal Based on Deposition Testimony it Could Have Obtained Prior to Moving for Summary Judgment But Chose Not to