On September 17, 2025, the Second Department issued a decision in Bank of N.Y. Mellon v. Simpson, 2025 NY Slip Op. 04970, ordering a traverse hearing because of questions regarding the adequacy of the nail and mail service . . . Continue reading Court Orders Hearing Regarding the Adequacy of Nail and Mail Service
On September 17, 2025, the Second Department issued a decision in PennyMac Corp. v. Dean-Phillips, 2025 NY Slip Op. 05002, holding that general claims of attorney unavailability were an insufficient justification to vacate a default judgment . . . Continue reading General Claims of Attorney Unavailability Insufficient Justification to Vacate Default
On September 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Corten Real Estate 1213 Walnut GP, LLC v. Goldenberg, 2025 NY Slip Op. 33275(U), holding that questions of fact regarding whether the guarantor had satisfied its payment obligations under a guarantee precluded summary judgment in lieu of complaint . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Whether the Guarantor Had Satisfied Its Payment Obligations
On August 20, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bldg 44 Devs. LLC v. Pace Cos. N.Y., LLC, 2025 NY Slip Op. 33126(U), declining to grant a default judgment based on the failure to appear by counsel due to the plaintiff’s failure submit facts establishing its claim . . . Continue reading Default Judgment Based on Failure to Appear by Counsel Denied for Failure to Submit Facts Establishing its Claim
On September 2, 2025, Justice Reed of the New York County Commercial Division issued a decision in CoPilot Travel, Inc. v. Magstar Capital, LLC, 2025 NY Slip Op. 51388(U), holding that an exchange of e-mails agreeing to settle did not create a binding settlement agreement because the parties did not agree on all the material terms of the agreement . . . Continue reading Exchange of E-Mails Agreeing to Settle Did Not Create Binding Agreement Because of Failure to Agree to Material Terms
On August 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in Benuvia Holdings, LLC v Next Frontier Holdings, Inc., 2025 NY Slip Op. 33220(U), denying default judgment on claims where the plaintiff alleged facts only upon information and belief . . . Continue reading Default Judgment Denied on Claims Where the Plaintiff Only Alleged Facts Upon Information and Belief
On September 10, 2025, the Second Department issued a decision in Bank of Am., N.A. v. Barnett, 2025 NY Slip Op. 04861, holding that summary judgment on a foreclosure action was denied because the servicer’s supporting affidavit failure to establish a foundation for the facts it contained . . . Continue reading Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained
On September 10, 2025, the Second Department issued a decision in Celauro v. Celauro, 2025 NY Slip Op. 04870, affirming the dismissal of a breach of fiduciary duty claim for failure adequately to allege facts establishing a breach . . . Continue reading Breach of Fiduciary Duty Claim Dismissed for Failure Adequately to Plead the Breach with Particularity
On September 10, 2025, the Second Department issued a decision in EMC Mtge. Corp. v. Anderson, 2025 NY Slip Op. 04877, holding that a defendant in default cannot assert an affirmative defense . . . Continue reading Defendant in Default Cannot Assert Affirmative Defense
On August 15, 2025, Justice Bannon of the New York County Commercial Division issued a decision in 435 Cent. Condo Dev. Holdings LLC v. Midtown Oaks JV Holdings LLC, 2025 NY Slip Op. 33103(U), denying a motion to discontinue without prejudice for failure to justify the lack of prejudice . . . Continue reading Motion to Discontinue Without Prejudice Denied for Failure to Justify Lack of Prejudice
