On April 17, 2025, the First Department issued a decision in Soloway v. CIM Group, LLC, 2025 NY Slip Op. 02285, allowing a party that did not sign an agreement to arbitrate to enforce the arbitration provision . . . Continue reading Party That Did Not Sign Agreement to Arbitrate Allowed to Enforce the Provision Against a Signatory
On December 16, 2024, Justice Jamieson of the Westchester County Commercial Division issued a decision in U.S. Bank Trust N.A. v. Smith, 2024 NY Slip Op. 51857(U), holding that service by mail is complete on mailing, even if the mailing is not received . . . Continue reading Service by Mail is Complete on Mailing, Even if the Mailing is Not Received
On April 1, 2025, Justice Cohen of the New York County Commercial Division issued a decision in 242 Tenth Invs. LP v. GVC 242 Tenth Sponsor, LLC, 2025 NY Slip Op. 31118(U), holding that fees on fees are not awardable unless explicitly provided for . . . Continue reading Fees on Fees Not Available Unless Explicitly Provided For
On March 31, 2025, Justice Chan of the New York County Commercial Division issued a decision in Ragab v. SHR Capital Partners LLC, 2025 NY Slip Op. 31157(U), holding that the bankruptcy stay does not bar proceedings against non-debtor defendants . . . Continue reading Bankruptcy Stay Does Not Bar Proceeding Against Non-Debtor Defendants
On April 1, 2025, Justice Cohen of the New York County Commercial Division issued a decision in World Host Group US Inc. v. O’Cloud Ventures, LLC, 2025 NY Slip Op. 31159(U), holding that an implied covenant claim cannot be based on pre-contract actions . . . Continue reading Implied Covenant Claim Cannot be Based on Pre-Contract Actions
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
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
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
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
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
