Documents Created by Prior Servicer Business Records of Successor Servicer Because Successor Incorporated Them Into its Records and Relied Upon Them
Commercial Case Notes / Evidence

Documents Created by Prior Servicer Business Records of Successor Servicer Because Successor Incorporated Them Into its Records and Relied Upon Them

On December 10, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Amoah, 2025 NY Slip Op. 06844, holding that documents created by a prior servicer were the business records of the successor servicer because the successor incorporated them into its records and relied upon them in the ordinary course of business . . . Continue reading Documents Created by Prior Servicer Business Records of Successor Servicer Because Successor Incorporated Them Into its Records and Relied Upon Them

Equitable Estoppel Extends Limitations Period for Claim Based on Fiduciary Duty Except for Claims Based on Failure to Disclose
Commercial Case Notes / Statute of Limitation/Laches

Equitable Estoppel Extends Limitations Period for Claim Based on Fiduciary Duty Except for Claims Based on Failure to Disclose

On December 9, 2025, the First Department issued a decision in AmTrust N. Am., Inc. v. Insurance Specialty Group LLC, 2025 NY Slip Op. 06801, holding that equitable estoppel extended the limitations period for claims based on a breach of fiduciary duty except for claims based on a failure to disclose . . . Continue reading Equitable Estoppel Extends Limitations Period for Claim Based on Fiduciary Duty Except for Claims Based on Failure to Disclose

Motion for Renewal Based on Change in Law Must be Made Before the Time to Appeal the Final Judgment Expires
Commercial Case Notes / Court Rules and Procedures

Motion for Renewal Based on Change in Law Must be Made Before the Time to Appeal the Final Judgment Expires

On December 3, 2025, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Sposato, 2025 NY Slip Op. 06752, holding that a motion for renewal based on a change of law must be made before the time to appeal the final judgment expires . . . Continue reading Motion for Renewal Based on Change in Law Must be Made Before the Time to Appeal the Final Judgment Expires