Plaintiff in Foreclosure Action Denied Summary Judgment Because of Insufficient Proof That Allonge was Attached to the Note
Commercial Case Notes / Real Property / Summary Judgment

Plaintiff in Foreclosure Action Denied Summary Judgment Because of Insufficient Proof That Allonge was Attached to the Note

On August 21, 2024, the Second Department issued a decision in Lakeview Loan Servicing, LLC v. Florio, 2024 NY Slip Op. 04256, denying plaintiff in a foreclosure action summary judgment because of insufficient proof that the allonge was attached to the note . . . Continue reading Plaintiff in Foreclosure Action Denied Summary Judgment Because of Insufficient Proof That Allonge was Attached to the Note

Prevailing Party Entitled to Interest on Attorneys’ Fees From Date of Success
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Prevailing Party Entitled to Interest on Attorneys’ Fees From Date of Success

On August 21, 2024, Justice Reed of the New York County Commercial Division issued a decision in Core Group Mktg. LLC v. MIP One Wall St. Acquisition LLC, 2024 NY Slip Op. 51093(U), holding that a prevailing party is entitled to interest on attorneys’ fees from the date on which the party was determined to be the prevailing party . . . Continue reading Prevailing Party Entitled to Interest on Attorneys’ Fees From Date of Success

Demand Futility Allegation Sufficiently Specific Based on Totality of Allegations
Commercial Case Notes / Derivative Actions

Demand Futility Allegation Sufficiently Specific Based on Totality of Allegations

On August 6, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Kordonsky v. Brudoley, 2024 NY Slip Op. 32768(U), holding that demand futility allegations in a derivative action were sufficiently specific based on the totality of the allegations . . . Continue reading Demand Futility Allegation Sufficiently Specific Based on Totality of Allegations