Confusion Over the Capacity in Which a Person Was Served Not a Reasonable Excuse Justifying Vacating Default

Confusion Over the Capacity in Which a Person Was Served Not a Reasonable Excuse Justifying Vacating Default

On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in SNCO Cap LLC v. Kaufman, 2024 NY Slip Op. 33816(U), holding that confusion over the capacity in which a person was served was not a reasonable excuse justifying vacating a default judgment . . . Continue reading Confusion Over the Capacity in Which a Person Was Served Not a Reasonable Excuse Justifying Vacating Default

Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims

Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims

On October 13, 2024, Justice Masley of the New York County Commercial Division issued a decision in UBS Ams. Inc. v. Impac Funding Corp., 2024 NY Slip Op. 33827(U), holding that allegations in a complaint related back to the date the Summons with Notice was filed because the Summons with Notice gave adequate notice of the claims . . . Continue reading Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims

Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice

Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice

On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in Starship Holdings, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 33740(U), that a motion for summary judgment in lieu of complaint must be denied because plaintiffs failed to give defendants legally sufficient advance notice of the motion . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice

Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding

Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding

On October 7, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Ironmen Holdings, LLC v. Nieporte, 2024 NY Slip Op. 33743(U), holding that a dispute over compliance with an agreement to arbitrate must be brought as an Article 75 proceeding . . . Continue reading Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding

Use of New York Correspondent Account Insufficient, Without More, to Create Personal Jurisdiction in New York

Use of New York Correspondent Account Insufficient, Without More, to Create Personal Jurisdiction in New York

On October 10, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Rakaez Geotekania KSA v. Fransabank S.A.L., 2024 NY Slip Op. 33766(U), holding that use of a New York correspondent bank account is insufficient, without more, to create personal jurisdiction in New York . . . Continue reading Use of New York Correspondent Account Insufficient, Without More, to Create Personal Jurisdiction in New York

Best Evidence Rule Does Not Bar Evidence if There is an Adequate Explanation for the Absence of the Original

Best Evidence Rule Does Not Bar Evidence if There is an Adequate Explanation for the Absence of the Original

On October 23, 2024, the Second Department issued a decision in Yakubov v. Gaft, 2024 NY Slip Op. 05240, holding that the best evidence rule does not bar evidence if there is an adequate explanation for the absence of the original . . . Continue reading Best Evidence Rule Does Not Bar Evidence if There is an Adequate Explanation for the Absence of the Original