On October 4, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C., 2022 NY Slip Op. 22316, declining to convert a post-answer motion to dismiss into a motion for summary judgment . . . Continue reading Court Rejects Post-Answer Motion to Dismiss
On October 5, 2022, the Second Department issued a decision in Codrington v. Churcher, 2022 NY Slip Op. 05517, holding that to constitute a reasonable excuse for a default, law office failure must be explained in detail . . . Continue reading To Constitute a Reasonable Excuse for a Default, Law Office Failure Must be Explained in Detail
On October 5, 2022, the Second Department issued a decision in HSBC Bank USA, N.A. v. Joseph, 2022 NY Slip Op. 05521, holding that the disbarment of a defendant’s counsel was an insufficient basis to vacating a default judgment . . . Continue reading Counsel’s Disbarment Insufficient Grounds to Vacate Default Judgment
On October 4, 2022, the First Department issued a decision in Kuriyan v. Schreiber, 2022 NY Slip Op. 05499, holding that a complaint failed to allege facts supporting the special relationship exception to a usury defense . . . Continue reading Complaint Fails to Allege Facts Supporting Special Relationship Exception to Usury Defense
On October 4, 2022, the First Department issued a decision in APR Energy Holdings Ltd. v. Deloitte Tax LLP, 2022 NY Slip Op. 05496, enforcing the terms of an engagement letter shortening the time in which to bring a malpractice action . . . Continue reading Court Enforces Engagement Letter Terms Shortening Time in Which to Bring Malpractice Claim
On September 29, 2022, Justice Boddie of the Kings County Commercial Division issued a decision in Harel Alternative Real Estate L.P. v. All Brooklyn Mgt. LLC, 2022 NY Slip Op. 50959(U), holding that a fraud claim cannot be based on misrepresentations that were not made to the plaintiff . . . Continue reading Fraud Claim Cannot be Based on Misrepresentations Not Made to Plaintiff
On September 26, 2022, Justice Reed of the New York County Commercial Division issued a decision in Ahlin v. Lehr, 2022 NY Slip Op. 50900(U), holding that venue cannot be based on the location of a party that was not a party when a lawsuit was commenced . . . Continue reading Venue Cannot Be Based on Location of a Party That Was Not A Party When Lawsuit Was Commenced
On September 29, 2022, the First Department issued a decision in Beckman Coulter, Inc. v. Jabil Circuit Inc., 2022 NY Slip Op. 05367, holding that conclusory allegations that financial statements were falsified are an insufficient basis for a fraud claim . . . Continue reading Conclusory Allegations of Misrepresentations Insufficient Basis for Fraud Claim
On September 29, 2022, the First Department issued a decision in Ramirez v. Moab Capital Partners, LLC, 2022 NY Slip Op. 05383, holding that an employee’s acceptance of a lesser bonus did not waive a claim for failure to pay the full bonus . . . Continue reading Employee’s Acceptance of a Lesser Bonus Did Not Waive Claim for Failure to Pay Full Bonus
On September 30, 2022, Judge Engelmayer of the SDNY in Ambac v. U.S. Bank, 17-cv-02614-PAE-KHP, issued a decision in an RMBS trustee action discussing, among other things, when claims against a trustee accrue. Continue reading SDNY Issues New RMBS Decision; Discusses When Claims Against Trustee Accrue
