Brief Delay in Moving to Dismiss for Lack of Personal Jurisdiction Did Not Waive that Defense
Commercial Case Notes

Brief Delay in Moving to Dismiss for Lack of Personal Jurisdiction Did Not Waive that Defense

On August 15, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sutherland Commercial Mtge. Trust 2018-SBC7 v. Celia Realty Inc., 2022 NY Slip Op. 32810(U), holding that a brief delay in moving to dismiss for lack of personal jurisdiction did not waive the defense . . . Continue reading Brief Delay in Moving to Dismiss for Lack of Personal Jurisdiction Did Not Waive that Defense

RPAPL § 1301 Does Not Prohibit a Plaintiff from Simultaneously Suing to Foreclose on a Mortgage and Enforce a Guaranty on a Note in the Same Action
Commercial Case Notes / Real Property

RPAPL § 1301 Does Not Prohibit a Plaintiff from Simultaneously Suing to Foreclose on a Mortgage and Enforce a Guaranty on a Note in the Same Action

On August 11, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sharestates Invs., LLC v. 280 Linden LLC, 2022 NY Slip Op. 32780(U), holding that it did not violate RPAPL § 1301 by simultaneously suing to foreclose on a mortgage and enforce a guaranty on a note . . . Continue reading RPAPL § 1301 Does Not Prohibit a Plaintiff from Simultaneously Suing to Foreclose on a Mortgage and Enforce a Guaranty on a Note in the Same Action

Court Grants Summary Judgment of Conversion Based on Defendant’s Failure to Pass On Settlement Payment
Commercial Case Notes / Conversion/Trespass to Chattel

Court Grants Summary Judgment of Conversion Based on Defendant’s Failure to Pass On Settlement Payment

On August 10, 2022, Justice Chan of the New York County Commercial Division issued a decision in Grocery Delivery E-Servs., Inc. v. Flynn, 2022 NY Slip Op. 32700(U), granting summary judgment on a conversion claim based on the defendant’s failure to pass on a settlement payment it had received . . . Continue reading Court Grants Summary Judgment of Conversion Based on Defendant’s Failure to Pass On Settlement Payment

Defendant Who Used Address on Guaranty Estopped From Denying That He Resided at that Address in Action to Recover on Guaranty
Commercial Case Notes / Service of Process

Defendant Who Used Address on Guaranty Estopped From Denying That He Resided at that Address in Action to Recover on Guaranty

On August 17, 2022, the Second Department issued a decision in Hudson Val. Bank, N.A. v. Eagle Trading, 2022 NY Slip Op. 04956, holding that a defendant who used an address on a guaranty was estopped from denying that he resided at that address in an action to enforce the guaranty . . . Continue reading Defendant Who Used Address on Guaranty Estopped From Denying That He Resided at that Address in Action to Recover on Guaranty