All Lundin PLLC Blogs

Appellate Division First Department Courthouse
Appeals / Commercial Case Notes

Party May Not Appeal Decision That Did Not Deny it Relief or Enter Relief Against it, Even if the Decision Contained Reasoning Harmful to the Party’s Case

On June 3, 2025, the First Department issued a decision in Charles Condominiums, LLC v. Victor RPM First, LLC, 2025 NY Slip Op. 03274, holding that a party may not appeal a decision that neither denied it relief nor entered relief against it, even if the decision contained reasoning harmful to a party’s case . . . Continue reading Party May Not Appeal Decision That Did Not Deny it Relief or Enter Relief Against it, Even if the Decision Contained Reasoning Harmful to the Party’s Case

Appellate Division First Department Courthouse
Commercial Case Notes / Professional Malpractice / Statute of Limitation/Laches

Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney

On May 27, 2025, the First Department issued a decision in Mandour v. Rafalsky, 2025 NY Slip Op. 03160, holding that the continuous representation doctrine does not apply to a claim arising from a business transaction with an attorney . . . Continue reading Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney

ABS Update

Article 77 Decision Enforces Write-Up Provisions Notwithstanding Past Practice and Arguments About Waterfall Logic

On May 19, 2025, Justice Masley of the New York County Commercial Division issued a decision in Matter of Bank of N.Y. Mellon, 2025 NY Slip Op 31952(U), enforcing an indenture’s write-up provisions notwithstanding past practice and arguments about waterfall logic . . . Continue reading Article 77 Decision Enforces Write-Up Provisions Notwithstanding Past Practice and Arguments About Waterfall Logic