John Lundin, Author at Lundin PLLC

Commercial Case Notes / Service of Process

Nail and Mail Service Inadequate Because of Lack of Diligence in Attempting to Serve Defendant Personally

On March 13, 2026, Justice Jamieson of the Westchester County Commercial Division issued a decision in Happy Hearts on the Hudson, Inc. v. Maban, 2026 NY Slip Op. 50328(U), holding that nail and mail service was inadequate because of a lack of diligence in attempting to serve the defendant personally . . . Continue reading Nail and Mail Service Inadequate Because of Lack of Diligence in Attempting to Serve Defendant Personally

Commercial Case Notes / Service of Process

Foreclosure Action Dismissed For Failure to Serve Defendant at Proper Address

On March 16, 2026, Justice Jamieson of the Westchester County Commercial Division issued a decision in Wilmington Sav. Fund Socy., FS v. Marrow, 2026 NY Slip Op. 50334(U), dismissing a foreclosure action for failure to serve the defendant at the proper address . . . Continue reading Foreclosure Action Dismissed For Failure to Serve Defendant at Proper Address

Commercial Case Notes / Court Rules and Procedures

Court Allows Plaintiff to Amend Complaint After Close of Discovery Even Though Discovery Must be Reopened

On March 12, 2026, Justice Patel of the New York County Commercial Division issued a decision in SC Philips Clark LLC v. Shore Club Prop. Owner LLC, 2026 NY Slip Op. 30907(U), allowing a plaintiff to amend a complaint even though it meant that discovery would be reopened . . . Continue reading Court Allows Plaintiff to Amend Complaint After Close of Discovery Even Though Discovery Must be Reopened

Commercial Case Notes / Court Rules and Procedures / Default Judgment

Purported Error in Nature of Reference to Referee No Basis for Vacating Judgment

On March 11, 2026, Justice Patel of the New York County Commercial Division issued a decision in Pepper v. Di Angelo, 2026 NY Slip Op. 30934(U), holding that a purported error in the nature of a reference to a referee was not a basis for vacating a judgment . . . Continue reading Purported Error in Nature of Reference to Referee No Basis for Vacating Judgment

Commercial Case Notes / Court Rules and Procedures / Evidence

Sealing Order Does Not Affect Admissibility of Evidence At Trial

On March 10, 2026, Justice Cohen of the New York County Commercial Division issued a decision in 100 & 130 Biscayne LLC v. EE NWT OM, LLC, 2026 NY Slip Op. 30945(U), holding that a sealing order did not affect the admissibility of evidence at trial . . . Continue reading Sealing Order Does Not Affect Admissibility of Evidence At Trial

Commercial Case Notes / Default Judgment

Court Vacates Default Judgment Because Defendant Did Not Have Notice of the Lawsuit

On March 10, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Levien v. Mancorp Realty Co. L.L.C., 2026 NY Slip Op. 30947(U), vacating a default judgment because the defendant did not have notice of the lawsuit . . . Continue reading Court Vacates Default Judgment Because Defendant Did Not Have Notice of the Lawsuit

Commercial Case Notes / Privilege/Work Product

Attorney Transcription of a Non-Privileged Conversation Not Privileged

On March 19, 2026, the First Department issued a decision in Gurney-Goldman v. Soil Mgt. LLC, 2026 NY Slip Op. 01596, holding that an attorney transcription of a non-privileged conversation was not privileged . . . Continue reading Attorney Transcription of a Non-Privileged Conversation Not Privileged

Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Court Reduces Fee Award Because of Failure to Show Qualifications of Non-Attorney Staff

On March 9, 2026, Justice Patel of the New York County Commercial Division issued a decision in Starwood Prop. Mtge. Sub-2, L.L.C. v. Stalcup, 2026 NY Slip Op. 30869(U), reducing a fee award because of the failure to show that qualifications of non-attorney personnel . . . Continue reading Court Reduces Fee Award Because of Failure to Show Qualifications of Non-Attorney Staff

Commercial Case Notes / Real Property

Ejectment Claim Dismissed for Failure to Give Notice

On March 6, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in 1002 Realty Corp. v. Gilgurd, 2026 NY Slip Op. 30835(U), dismissing an ejectment claim for failure to give pre-suit notice . . . Continue reading Ejectment Claim Dismissed for Failure to Give Notice

Commercial Case Notes / Law Firms and Professional Ethics

Court Schedules Hearing to Resolve Factual Questions Regarding Attorney Disqualification

On March 5, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Reich v. Purslane, LLC, 2026 NY Slip Op. 30803(U), scheduling a hearing to resolve factual questions regarding the disqualification of counsel because of a conflict . . . Continue reading Court Schedules Hearing to Resolve Factual Questions Regarding Attorney Disqualification

Author: John Lundin