Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer
Commercial Case Notes / Default Judgment

Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer

On February 5, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Garriques, 2025 NY Slip Op. 00648, holding that a defendant forfeited the right to seek dismissal for failure timely to seek a default judgment by serving a late answer . . . Continue reading Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer

Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue
Commercial Case Notes / Court Rules and Procedures / Statute of Limitation/Laches

Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue

On February 19, 2025, the Second Department issued a decision in Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C., 2025 NY Slip Op. 00956, holding that absent new facts or a change in the law, a prior appellate decision is the law of the case, barring the relitigation of an issue . . . Continue reading Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue

Plaintiff May Not Move for Summary Judgment Before Defendants Answer the Complaint
Commercial Case Notes / Summary Judgment

Plaintiff May Not Move for Summary Judgment Before Defendants Answer the Complaint

On January 15, 2025, Justice Reed of the New York County Commercial Division issued a decision in Mermelstein v. Waspit Group, Inc., 2025 NY Slip Op. 50027(U) [84 Misc 3d 1263(A)], holding that a plaintiff may not move for summary judgment before the defendants answer the complaint . . . Continue reading Plaintiff May Not Move for Summary Judgment Before Defendants Answer the Complaint