On August 27, 2026, the First Department issued a decision in Astraea NYNY LLC v. Ganley, 2026 NY Slip Op. 05143, holding that a court erred in holding that the high bar for an antisuit injunction had been met . . . Continue reading Court Erred in Finding that High Bar for Antisuit Injunction Had Been Met
On August 19, 2026, the Second Department issued a decision in U.S. Bank, N.A. v. Ittayem, 2026 NY Slip Op. 05056, holding that a defendant in default cannot raise non-jurisdictional defenses . . . Continue reading Defendant in Default Cannot Raise Non-Jurisdictional Defenses
On August 26, 2026, the Second Department issued a decision in 853 Lexington, LLC v. JB Lexington, LLC, 2026 NY Slip Op. 05066, holding that a bona fide purchaser for value defeated a quiet title action . . . Continue reading Purchaser for Value Defeats Quiet Title Action
On August 26, 2026, the Second Department issued a decision in Aladin v. Kensington Ins. Co., 2026 NY Slip Op. 05067, holding that a party cannot appeal an ordered against it on default . . . Continue reading Party Cannot Appeal Order Entered Against it on Default
On August 3, 2026, Justice Reed of the New York County Commercial Division issued a decision in Python Fin. Solutions, Inc. v. SDCK I LLC, 2026 NY Slip Op. 51192(U), holding that a party that failed adequately to justify a privilege claim loses it . . . Continue reading Party That Fails to Justify Privilege Claim Loses It
On August 5, 2026, the Second Department issued a decision in Abingdon Realty Co., LLC v. Finkelshteyn, 2026 NY Slip Op. 04828, holding that a party’s counsel being on vacation was not a reasonable excuse for failing to oppose a motion . . . Continue reading Counsel’s Vacation Was Not a Reasonable Excuse for Failing to Oppose a Motion
On August 5, 2026, the Second Department issued a decision in R4 RE, LLC v. Franklin Wash., Inc., 2026 NY Slip Op. 04882, holding that a referee did not err in declining to hold an evidentiary hearing . . . Continue reading Referee Did Not Err in Declining to Hold Evidentiary Hearing
On July 30, 2026, the Third Department issued a decision in Crane v. WP Strategic Holdings, LLC, 2026 NY Slip Op. 04806, holding that parties who voluntarily sold their rights in a company could not later void the sale . . . Continue reading Parties Who Voluntarily Sold Their Rights in a Company Cannot Later Void the Sale
On July 30, 2026, the First Department issued a decision in 217 Trust v. VIR Constr., Inc., 2026 NY Slip Op. 04824, holding that an amended complaint related back even though not all the facts alleged in it were in the original complaint . . . Continue reading Amended Complaint Relates Back Even Though Not All Facts Alleged in it Were in Original Complaint
On July 15, 2026, Justice Reed of the New York County Commercial Division issued a decision in Magnetic Parts Trading Ltd. v. National Air Cargo Group, Inc., 2026 NY Slip Op. 51114(U), rejecting an affidavit because it did not include the exact working required by the CPLR . . . Continue reading Affidavit Rejected for Failure to Include Exact Wording Required by CPLR
