On December 3, 2025, the Second Department issued a decision in 170 Tillary Corp. v. Gold Tillary Realty, LLC, 2025 NY Slip Op. 06681, holding that a statutory rent demand cannot be the basis for a Yellowstone injunction . . . Continue reading Statutory Rent Demand Cannot be the Basis for a Yellowstone Injunction
On December 3, 2025, the Second Department issued a decision in Montrose v. Jean-Jacques, 2025 NY Slip Op. 06701, holding that law office failure amounting only to mere neglect was an insufficient basis to vacate a default judgment . . . Continue reading Law Office Failure Amounting to Mere Neglect Insufficient Basis to Vacate Default Judgment
On December 3, 2025, the Second Department issued a decision in U.S. Bank Trust N.A. v. Roca, 2025 NY Slip Op. 06748, holding that waiting to see if a suit settles is an insufficient excuse for failing timely to file an answer . . . Continue reading Waiting to See if Suit Settles Insufficient Excuse for Failing Timely to Answer
On December 3, 2025, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Sposato, 2025 NY Slip Op. 06752, holding that a motion for renewal based on a change of law must be made before the time to appeal the final judgment expires . . . Continue reading Motion for Renewal Based on Change in Law Must be Made Before the Time to Appeal the Final Judgment Expires
On December 4, 2025, the First Department issued a decision in Brigade Calvary Fund Ltd v. Chirico, 2025 NY Slip Op. 06784, staying a securities action pending a federal court’s decision on whether to impose a SLUSA stay . . . Continue reading State Court Securities Action Stayed Pending Federal Court Decision on SLUSA Stay
On November 19, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Horizon Paper Co., Inc. v. Stellar Print., Inc., 2025 NY Slip Op. 34401(U), entering a default judgment against a corporation that failed to engage replacement counsel . . . Continue reading Corporation Defaulted for Failure to Engage Counsel
On November 26, 2025, the Second Department issued a decision in Kober v. Nestampower, 2025 NY Slip Op. 06609, holding that a person who acquired an ownership interest in a limited liability company did not also become a member or have standing to bring a derivative action . . . Continue reading Person Who Acquired Ownership LLC Interest did not Also Become Member or Have Standing to Bring Derivative Action
On November 21, 2025, the Fourth Department issued a decision in Armbruster Capital Mgt., Inc. v. Barrett, 2025 NY Slip Op. 06493, holding that a defamation claim can arise from a false implication based on true facts . . . Continue reading Defamation Claim Can Arise From False Implication Based on True Facts
On November 19, 2025, the Second Department issued a decision in American Premium Realty Group, LLC v. 37-19 Realty, Inc., 2025 NY Slip Op. 06301, affirming that imposition of a $20.5 million undertaking as a condition of vacating a notice of pendency . . . Continue reading Court Properly Ordered $20.5 Million Undertaking as Condition of Vacating Notice of Pendency
On November 20, 2025, the First Department issued a decision in Sherman v. Zampella, 2025 NY Slip Op. 06397, holding that a discovery sanction was inappropriate because of insufficient evidence of an intentional refusal to provide discovery . . . Continue reading Sanction Inappropriate Because of Insufficient Evidence of Intentional Refusal to Provide Discovery
