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New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Commercial Case Notes / Summary Judgment

Motion for Summary Judgment in Lieu of Complaint Denied Because of Non-De Minimis Reference to Other Agreements

On March 20, 2025, justice Chan of the New York County Commercial Division issued a decision in Montreux Partners II, LP v. Commissions Import-Export S.A., 2025 NY Slip Op. 50441(U), denying a motion for summary judgment in lieu of complaint because of non-de minimis references to other agreements . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Denied Because of Non-De Minimis Reference to Other Agreements

Appellate Division, Second Department Courthouse

Commercial Case Notes / Real Property

Defendant Has Burden of Showing That Foreclosure is Barred by RPAPL 1301

On April 9, 2025, the Second Department issued a decision in NewBank v. Yong Won Bu, 2025 NY Slip Op. 02078, holding that the defendant has the burden of showing that a foreclosure is barred by RPAPL 1301 . . . Continue reading Defendant Has Burden of Showing That Foreclosure is Barred by RPAPL 1301

Commercial Case Notes / Evidence / Summary Judgment

Referee’s Report Based on Faulty Affidavit Rejected

On April 9, 2025, the Second Department issued a decision in U.S. Bank N.A. v. Winnie Realty Group, LLC, 2025 NY Slip Op. 02097, rejecting a referee’s report because it was based on an insufficient supporting affidavit . . . Continue reading Referee’s Report Based on Faulty Affidavit Rejected

Appellate Division First Department Courthouse

ABS Update / Put-Back Actions

First Department Issues Latest Guidance on Notice Relating to Put-Back Claims

On April 10, 2025, the First Department recently issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, Inc., 2025 NY Slip Op. 02139, issuing its latest guidance on notice relating to put-back claims . . . Continue reading First Department Issues Latest Guidance on Notice Relating to Put-Back Claims

Commercial Case Notes / Court Rules and Procedures

Party Waives Right to Rely on Foreign Law By Giving Insufficient Notice

On April 8, 2025, the First Department issued a decision in BML Props. Ltd. v. China Constr. Am., Inc., 2025 NY Slip Op. 02030, holding that a party waived the right to rely on foreign law by giving insufficient notice . . . Continue reading Party Waives Right to Rely on Foreign Law By Giving Insufficient Notice

Commercial Case Notes / Declaratory Judgment

Court Awards Declaratory Judgment by Default

On March 20, 2025, Justice Patel of the New York County Commercial Division issued a decision in Sapient Corp. v. Taggart Continuum Tech. Solutions, Inc., 2025 NY Slip Op. 30967(U), awarding declaratory judgment on default . . . Continue reading Court Awards Declaratory Judgment by Default

Commercial Case Notes / Damages

Prevailing Plaintiff Not Entitled to Fees for Defending Counterclaim

On March 20, 2025, Justice Patel of the New York County Commercial Division issued a decision in Dominion Capital LLC v. HUB Cyber Sec. Ltd., 2025 NY Slip Op. 30968(U), holding that a prevailing plaintiff was not entitled to fees for defending a counterclaim . . . Continue reading Prevailing Plaintiff Not Entitled to Fees for Defending Counterclaim

Commercial Case Notes / Evidence / Summary Judgment

Court Declines to Consider Attorney Affirmation as Evidence

On March 31, 2025, Justice Reed of the New York County Commercial Division issued a decision in 470 4th Ave. Fee Owner, LLC v. Adam Am. LLC, 2025 NY Slip Op. 50396(U), declining to consider an attorney affirmation as evidence . . . Continue reading Court Declines to Consider Attorney Affirmation as Evidence

Commercial Case Notes / Service of Process

Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice

On April 2, 2025, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2025 NY Slip Op. 01940, holding that a motion to extend time to serve was properly declined for failure to show either good cause or that the extension was in the interests of justice . . . Continue reading Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice

Commercial Case Notes / Damages

Pre-Judgment Interest Properly Awarded From First Date Defendant Owed Plaintiff Money

On April 3, 2025, the First Department issued a decision in Bloom v. Helmsley Spear, LLC, 2025 NY Slip Op. 01999, holding that pre-judgment interest should be awarded from the first date the defendant owed the plaintiff money . . . Continue reading Pre-Judgment Interest Properly Awarded From First Date Defendant Owed Plaintiff Money

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