All Lundin PLLC Blogs

Appellate Division, Second Department Courthouse

Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing

On August 13, 2025, the Second Department issued a decision in Bank of Am., N.A. v. ABC Realty Holdings, Inc., 2025 NY Slip Op. 04616, holding that a referee did not err in deciding not to hold an evidentiary hearing because the defendant had an opportunity to respond to the plaintiff’s arguments in writing . . . Continue reading Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing

Appellate Division, Second Department Courthouse

Court Should Not Dismiss for Failure to Prosecute if There is a Reasonable Excuse for the Delay

On August 6, 2025, the Second Department issued a decision in James B. Nutter & Co. v. Hutson, 2025 NY Slip Op. 04557, holding that a court should not dismiss an action for failure to prosecute if there is a reasonable excuse for the delay . . . Continue reading Court Should Not Dismiss for Failure to Prosecute if There is a Reasonable Excuse for the Delay

Service on Person of Suitable Age and Discretion Valid if Plaintiff Had No Reason to Know of Dispute Between Recipient and Defendant

On July 25, 2025, the Fourth Department issued a decision in Seebald v. Spoonley, 2025 NY Slip Op. 04324, holding that service on a person of suitable age and discretion was valid if the plaintiff had no reason to know of a dispute between the recipient and the defendant . . . Continue reading Service on Person of Suitable Age and Discretion Valid if Plaintiff Had No Reason to Know of Dispute Between Recipient and Defendant