Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served
Commercial Case Notes / Default Judgment / Service of Process

Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served

On July 9, 2026, the First Department issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 04370, holding that a court did not abuse its discretion in denying a default judgment against a defendant whose answer was four months later because of questions regarding whether the defendant was served . . . Continue reading Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served

Court Should Issue Declaration When Dismissing Cause of Action for Declaratory Judgment
Commercial Case Notes / Declaratory Judgment

Court Should Issue Declaration When Dismissing Cause of Action for Declaratory Judgment

On July 1, 2026, the Second Department issued a decision in Wellpath Holdings, Inc. v. XL Ins. Am., Inc., 2026 NY Slip Op. 04229, holding that when there are no questions of fact, a court should issue a declaration when dismissing a cause of action for a declaratory judgment . . . Continue reading Court Should Issue Declaration When Dismissing Cause of Action for Declaratory Judgment

Trial Court Erred in Conditioning Discontinuance on Payment of Opposing Party’s Fees
Commercial Case Notes / Court Rules and Procedures

Trial Court Erred in Conditioning Discontinuance on Payment of Opposing Party’s Fees

On June 30, 2026, the First Department issued a decision in Matter of Miller v. 22 Ericsson Owner LLC, 2026 NY Slip Op. 04148, holding that a trial court erred in conditioning discontinuance on payment of a significant portion of the opposing party’s fees . . . Continue reading Trial Court Erred in Conditioning Discontinuance on Payment of Opposing Party’s Fees