On May 27, 2026, the Second Department issued a decision in Dual Diagnosis Treatment Ctr., Inc. v. Yellowstone Capital W., LLC, 2026 NY Slip Op. 03292, holding that a Judiciary Law 487 claim based on use of false affidavits should survive dismissal . . . Continue reading Judiciary 487 Law Claim Based on Allegations of Use of False Affidavits Survives Dismissal
On May 27, 2026, the Second Department issued a decision in OneWest Bank, FSB v. Johnson, 2026 NY Slip Op. 03315, holding that an action cannot be dismissed for failure to prosecute before issue has been joined . . . Continue reading Action Cannot be Dismissed for Failure to Prosecute Before Issue Has Been Joined
On May 27, 2026, the Second Department issued a decision in U & Me Homes, LLC v. County of Suffolk, 2026 NY Slip Op. 03331, holding that an order issued sua sponte was not directly appealable . . . Continue reading Sua Sponte Order Not Directly Appealable
On May 14, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Avion Funding v. Access Prods. Inc., 2026 NY Slip Op. 32048(U), holding that a plaintiff may not move to dismiss an affirmative defense of failure to state a claim . . . Continue reading Plaintiff May Not Move to Dismiss Affirmative Defense of Failure to State a Claim
On May 21, 2026, the First Department issued a decision in Motcomb Estates, Ltd. v. CMB Export Infrastructure Inv. Group 48, LP, 2026 NY Slip Op. 03234, holding that the denial of a motion to dismiss defeated a malicious prosecution claim . . . Continue reading Denial of Motion to Dismiss Defeats Malicious Prosecution Claim
On May 20, 2026, the Second Department issued a decision in City of Philadelphia Bd. of Pensions & Retirement v. Winters, 2026 NY Slip Op. 03141, holding that a motion to dismiss for lack of standing fails if the movant cannot show a lack of standing as a matter of law . . . Continue reading Motion to Dismiss for Lack of Standing Fails if Movant Cannot Show a Lack of Standing as a Matter of Law
On May 20, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Poyer, 2026 NY Slip Op. 03145, reversing a dismissal for failure to prosecute because of inadequate notice . . . Continue reading Dismissal for Failure to Prosecute Reversed Because of Inadequate Notice
On May 20, 2026, the Second Department issued a decision in GPB Capital Holdings, LLC v. Dibre, 2026 NY Slip Op. 03150, holding that the failure to exercise best efforts constituted a breach of the covenant of the implied duty of good faith and fair dealing . . . Continue reading Failure to Exercise Best Efforts Constitutes Breach of Covenant of Good Faith and Fair Dealing
On May 20, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Barr, 2026 NY Slip Op. 03199, holding that the statute of limitations on a claim for failure to pay the balance due on a mortgage begins to run when the lender demands that the entire balance be paid . . . Continue reading Statute of Limitations on Mortgage Balance Begins to Run When Lender Demands That Entire Balance be Paid
On May 15, 2026, Justice Reed of the New York County Commercial Division issued a decision in Brighthill Capital, LLC v. Abrams, 2026 NY Slip Op. 50742(U), holding that a client’s failure to pay is sufficient grounds to grant a motion to withdraw as counsel . . . Continue reading Client’s Failure to Pay is Sufficient Grounds for Withdrawal
