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
On August 6, 2025, the Second Department issued a decision in Parker Waichman, LLP v. Chaikin, 2025 NY Slip Op. 04580, holding that a tortious interference claim can be based on the breach of an attorney disciplinary rule . . . Continue reading Tortious Interference Claim Can be Breach of Attorney Disciplinary Rules
On August 6, 2025, the Second Department issued a decision in ZFA Mgt., LLC v. Heng Chen, 2025 NY Slip Op. 04599, holding that defenses to enforceability of a note were no basis for delaying enforcement of an unconditional guaranty . . . Continue reading Defenses to Enforceability of a Note No Basis for Delaying Enforcement of an Unconditional Guaranty
On July 22, 2025, Justice Livote of the Queens County Commercial Division issued a decision in Cabrita v. Vitabyte, Inc., 2025 NY Slip Op. 51214(U), holding that a business can be held liable for defaming a former employee . . . Continue reading Business Can Be Held Liable for Defaming Former Employee
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
On July 25, 2025, the Fourth Department issued a decision in Esperanza Mansion Group LLC v. Mehlenbacher, 2025 NY Slip Op. 04370, holding that whether the exaggeration of a mechanic’s lien was willful is a question of fact for a jury . . . Continue reading Whether the Exaggeration of a Mechanic’s Lien was Willful is a Question of Fact for a Jury
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
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
On July 30, 2025, the Second Department issued a decision in All Nations Steel Corp. v. KSK Constr. Group, LLC, 2025 NY Slip Op. 04449, holding that affidavits are not CPLR 3211(a)(1) documentary evidence . . . Continue reading Affidavits Are Not CPLR 3211(a)(1) Documentary Evidence
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
