On July 30, 2025, the Second Department issued a decision in All Nations Steel Corp. v. KSK Constr. Group, LLC, 2025 NY Slip Op. 04449, holding that affidavits are not CPLR 3211(a)(1) documentary evidence . . . Continue reading Affidavits Are Not CPLR 3211(a)(1) Documentary Evidence
On July 30, 2025, the Second Department issued a decision in National City Mtge. Co. v. Wercberger, 2025 NY Slip Op. 04490, holding that a motion to dismiss based on lack of personal jurisdiction because of improper service can only be made by the defendant over whom jurisdiction is being asserted . . . Continue reading Motion to Dismiss for Lack of Personal Jurisdiction Can Only Be Made by Defendant Over Whom Jurisdiction is Being Asserted
On June 26, 2025, Justice Chan of the New York County Commercial Division issued a decision in Canaan Equity Partners III, LLC v. Verance Corp., 2025 NY Slip Op. 32540(U), holding that even though a lender chose not to demand repayment of a note for 15 years did not make the note not an instrument for the payment of money only . . . Continue reading That Lender Chose Not to Demand Repayment of Note for 15 Years Did Not Make it Not an Instrument for the Payment of Money Only
On July 8, 2025, justice Patel of the New York County Commercial Division issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 32565(U), holding that UCC Article 2’s four-year statute of limitations does not apply to a construction contract . . . Continue reading UCC Article 2 Four-Year Statute of Limitations Does Not Apply to a Construction Contract
On June 30, 2025, Justice Chan of the New York County Commercial Division issued a decision in P.J. Rest. Inc. v. Dauber, 2025 NY Slip Op. 32569(U), dismissing a fraud claim for failure to plead facts with sufficient specificity . . . Continue reading Fraud Claim Fails for Lack of Specificity
On July 9, 2025, Justice Borrok of the New York County Commercial Division issued a decision in AT&T Mobility LLC v. Harman Connected Servs., Inc., 2025 NY Slip Op. 32617(U), denying a motion to disqualify counsel for failure to show either current representation or prior representation in a related matter . . . Continue reading Counsel Disqualification Denied for Failure to Show Current Representation of Prior Representation in a Related Matter
On July 11, 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. 32597(U), holding that a defendant was subject to personal jurisdiction in New York because of his close relationship to a business that signed a note with a New York forum selection clause . . . Continue reading Defendant Subject to Jurisdiction in New York Because of Close Relationship to Company That Signed Note With New York Forum Selection Clause
On July 2, 2025, Justice Platkin of the Albany County Commercial Division issued a decision in Marini v. Marini Realty LP, 2025 NY Slip Op. 51138(U), holding that an assignment of a limited partnership interest did not result in the admission of a new limited partner . . . Continue reading Assignment of LLP Interest Does Not Create New Limited Partner
On July 23, 2025, the Second Department issued a decision in Whelan v. Busiello, 2025 NY Slip Op. 04272, holding the Rule 130 sanctions must be paid to the Lawyers’ Fund for Client Protection, not to the aggrieved party . . . Continue reading Rule 130 Sanctions Must be Paid to Lawyers’ Fund for Client Protection, Not to Aggrieved Party
On July 1, 2025, Justice Chan of the New York County Commercial Division issued a decision in GSP Merrimack LLC v. Javelin Global Commodities (UK) Ltd., 2025 NY Slip Op. 32421(U), dismissing a conversion claim because, among other reasons, it sought the same damages as a breach of contract claim . . . Continue reading Conversion Claim Seeking Same Damages as Contract Claim Dismissed as Duplicative
