Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service
Commercial Case Notes / Service of Process

Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service

On May 22, 2024, the Second Department issued a decision in US Bank, N.A. v. Knight, 2024 NY Slip Op. 02837, holding that the denial of receipt of service without specific facts insufficient to overcome the presumptive validity of and affidavit of service . . . Continue reading Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service

Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name
Commercial Case Notes / Court Rules and Procedures

Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name

On May 22, 2024, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Welsh, 2024 NY Slip Op. 02838, holding that absent substitution, a successor in interest can only participate in an action under the name of its predecessor’s name . . . Continue reading Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name

Substantive Law of Company’s Place of Incorporation Presumptively Applies to Claims Arising from its Internal Affairs
Commercial Case Notes / Corporations / Fiduciaries

Substantive Law of Company’s Place of Incorporation Presumptively Applies to Claims Arising from its Internal Affairs

On May 23, 2024, the Court of Appeals issued a decision in Eccles v. Shamrock Capital Advisors, LLC, 2024 NY Slip Op. 02841, holding that the substantive law of a company’s place of incorporation presumptively applies to causes of action arising from its internal affairs . . . Continue reading Substantive Law of Company’s Place of Incorporation Presumptively Applies to Claims Arising from its Internal Affairs

Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument
Commercial Case Notes / Court Rules and Procedures

Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument

On May 16, 2024, the First Department issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2024 NY Slip Op. 02752, holding that judicial estoppel barred a plaintiff from changing its argument regarding choice of law after it earlier had prevailed on that argument . . . Continue reading Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument