On September 30, 2026, the Second Department issued a decision in Board of Educ. of the Blind Brook-Rye Union Free Sch. Dist. v. Kliment Halsband Architects, 2026 NY Slip Op. Continue reading Contract Claim Cannot be Reframed as a Negligence Claim
On September 29, 2026, the First Department issued a decision in Murphy v. PHG Funding LLC, 2026 NY Slip Op 05482, holding that a fraud claim failed because, among other things, of the failure adequately to allege justifiable reliance on the alleged misrepresentations . . . Continue reading Fraud Claim Fails Because of, Among Things, Failure Adequately to Allege Justifiable Reliance on the Alleged Misrepresentations
On September 30, 2026, the Second Department issued a decision in Flagstar Bank, FSB v. Roberts, 2026 NY Slip Op. 05519, holding that requesting a foreclosure settlement conference met the requirement for moving for a default judgment . . . Continue reading Request for Foreclosure Settlement Meets Requirement for Moving for Default Judgment
On September 30, 2026, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Aprile, 2026 NY Slip Op. 05569, holding that a party in default cannot assert an affirmative defense . . . Continue reading Party in Default Cannot Assert Affirmative Defense
On October 1, 2026, the First Department issued a decision in Hakim v. Hakim, 2026 NY Slip Op. 05598, holding that a note based on past consideration failed to meet Continue reading Note Based on Past Consideration Failed to Meet Requirements for Validity
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
