All Lundin PLLC Blogs

Appellate Division, Second Department Courthouse
Commercial Case Notes / Evidence

Affidavit Authenticating Business Records of an Acquired Company Must Refer to Record-Keeping Practices of Acquired Company, Not Acquirer

On July 30, 2025, the Second Department issued a decision in National City Mtge. Co. v. Wercberger, 2025 NY Slip Op. 04488, holding that an affidavit authenticating the business records of an acquired company must refer to the record-keeping practices of the acquired company, not the acquiror . . . Continue reading Affidavit Authenticating Business Records of an Acquired Company Must Refer to Record-Keeping Practices of Acquired Company, Not Acquirer

Commercial Case Notes / Principal and Agent

Giving Employees Title and Work E-Mail Addresses and Phone Numbers Created Apparent Authority for Them to Act

On July 25, 2025, the Fourth Department issued a decision in Canfield Funding, LLC v. Focalpointe Group, LLC, 2025 NY Slip Op. 04374, holding that giving employees job titles and work e-mail addresses and phone numbers created apparent authority to act for their employer . . . Continue reading Giving Employees Title and Work E-Mail Addresses and Phone Numbers Created Apparent Authority for Them to Act

Appellate Division, Second Department Courthouse
Commercial Case Notes / Personal Jurisdiction

Motion to Dismiss for Lack of Personal Jurisdiction Can Only Be Made by Defendant Over Whom Jurisdiction is Being Asserted

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

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Summary Judgment

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 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

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Statute of Limitation/Laches

UCC Article 2 Four-Year Statute of Limitations Does Not Apply to a Construction Contract

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

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Law Firms and Professional Ethics

Counsel Disqualification Denied for Failure to Show Current Representation of Prior Representation in a Related Matter

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

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Personal Jurisdiction

Defendant Subject to Jurisdiction in New York Because of Close Relationship to Company That Signed Note With New York Forum Selection Clause

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