On September 24, 2026, the First Department issued a decision in Matter of UBS Sec. LLC v. Dondero, 2026 NY Slip Op. 05460, recognizing, but not deciding, the question of veil piercing in limited partnerships . . . Continue reading First Department Recognizes, But Does Not Decide, Unsettled Question of Veil Piercing in Limited Partnerships
On September 24, 2026, the First Department issued a decision in Gilbert v. Powers, 2026 NY Slip Op. 05457, holding that questions of fact precluded summary judgment on an advice of counsel defense . . . Continue reading Questions of Fact Preclude Summary Judgment on Advice of Counsel Defense
On September 23, 2026, the Second Department issued a decision in Bank of Am., N.A. v. Discobath Prods., Inc., 2026 NY Slip Op. 05377, holding that a cllaimed need for more discovery was an insufficient basis to avoid summary judgment . . . Continue reading Claimed Need for More Discovery Insufficient Basis to Avoid Summary Judgment
On September 23, 2026, the Second Department issued a decision in Federal Natl. Mtge. Assn. v. Cassis, 2026 NY Slip Op. 05381, holding that counsel’s general appearance waived the client’s personal jurisdiction defense . . . Continue reading Counsel’s General Appearance Waived Personal Jurisdiction Defense
On September 23, 2026, the Second Department issued a decision in Stanley Supply & Tool, Inc. v. Smallwood, 2026 NY Slip Op. 05436, holding that an attachment cannot be made against a person who is not a party to an action or proceeding . . . Continue reading Attachment Cannot Be Made Against Person Who Is Not a Party to an Action/Proceeding
On September 22, 2026, the First Department issued a decision in Aurelius Capital Master Ltd. v. Hertz Intl. Ltd., 2026 NY Slip Op. 05369, holding that an agreement’s indemnification provision failed to meet Hooper’s high hurdle for inter-party indemnification . . . Continue reading Agreement’s Indemnification Provision Fails to Meet Hooper’s High Hurdle for Inter-Party Indemnification
On September 16, 2026, the Second Department issued a decision in Marchand v. NPL Consulting Servs., Inc., 2026 NY Slip Op. 05302, holding that a fraud claim failed for lack of due diligence/reasonable reliance . . . Continue reading Fraud Claim Fails for Lack of Due Diligence/Reasonable Reliance
On September 16, 2026, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Dweck, 2026 NY Slip Op. 05342, holding that a foreclosure plaintiff had failed to establish standing because of questions regarding the allonge . . . Continue reading Foreclosure Plaintiff Fails to Establish Standing Because of Questions Regarding Allonge
On September 16, 2026, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Hilario, 2026 NY Slip Op. 05351, holding that the plaintiff in a foreclosure action had failed to establish its standing . . . Continue reading Plaintiff in Foreclosure Action Fails to Establish its Standing
On September 2, 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. 51450(U), holding that a party that fails timely to move to vacate a Note of Issue faces a high burden in vacating it . . . Continue reading Party That Fails to Timely Move to Vacate a Note of Issue Faces a High Burden to Vacate It
