Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 31, 2022, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LLC, 2022 NY Slip Op. 05068, holding that when a contract did not specify a particular time for performance, the defendant had a reasonable time in which to perform . . . Continue reading Where Contract Did Not Specify Time for Performance, Defendant Had a Reasonable Time to Perform
On August 31, 2022, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Commerce Commercial Group, Inc., 2022 NY Slip Op. 05104, holding that a trial court did not abuse its discretion in denying a motion for default judgment because the defendant presented a reasonable excuse and a meritorious defense . . . Continue reading No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense
On August 31, 2022, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Murray, 2022 NY Slip Op. 05110, denying a lender summary judgment of foreclosure because of its failure to document compliance with the RPAPL . . . Continue reading Lender Cannot Obtain Summary Judgment of Foreclosure Because of Failure to Document RPAPL Compliance
On August 17, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Dean Capital Partners LLC v. 556 Dean Holdings LLC, 2022 NY Slip Op. 32809(U), denying a motion to intervene as untimely . . . Continue reading Motion to Intervene Denied as Untimely
