On September 3, 2026, the First Department issued a decision in Jefferies LLC v. Mountain State Energy Holdings LLC, 2026 NY Slip Op. 05232, enforcing an agreement limiting a party’s liability . . . Continue reading Court Enforces Agreement Provision Limiting Liability
On August 20, 2026, Justice Reed of the New York County Commercial Division issued a decision in A & L 444 LLC v. Ankura Trust Co., LLC, 2026 NY Slip Op 51347(U), declining to grant a stay in connection with the withdrawal of counsel . . . Continue reading Court Declines to Grant a Stay in Connection With the Withdrawal of Counsel
On September 2, 2026, the Second Department issued a decision in Breslin Brookhaven, LLC v. Rose, 2026 NY Slip Op. 05156, holding that the assignee of a contract may compel an arbitration under the contract’s arbitration clause . . . Continue reading Assignee of Contract May Compel an Arbitration Under the Contract’s Arbitration Clause
On September 2, 2026, the Second Department issued a decision in HSBC Bank USA, N.A. v. Wharton, 2026 NY Slip Op. 05172, holding that a claim was abandoned because the plaintiff failed to move for a default judgment within one year . . . Continue reading Claim Dismissed as Abandoned for Failure Timely to Move for Default Judgment
On September 2, 2026, the Second Department issued a decision in Ramos v. 126th St. Equities, LLC, 2026 NY Slip Op. 05201, holding that a notice to admit may not address legal conclusions or facts that go to the heart of the dispute . . . Continue reading Notice to Admit May Not Address Legal Conclusions or Facts That Go to the Heart of the Dispute
On August 6, 2026, Justice Walsh of the Westchester County Commercial Division issued a decision in Gonzalez v. Marte, 2026 NY Slip Op. 51244(U), dismissing a motion for summary judgment in lieu of complaint due to short service . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Dismissed Due to Short Service
On August 26, 2026, the Second Department issued a decision in Blank v. Petrosyants, 2026 NY Slip Op. 05074, dismissing a legal malpractice claim for failure to establish an attorney-client relationship . . . Continue reading Claim Dismissed for Failure to Establish Attorney-Client Relationship
On August 12, 2026, the Second Department issued a decision in Anglada v. Bradford, 2026 NY Slip Op. 04917, holding that the fact that a defendant had two residences was insufficient to defeat the presumption of validity of service at one of them . . . Continue reading The Defendant Had Two Residences Insufficient to Defeat Presumption of Validity of Service at One of Them
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
