On May 27, 2026, the Second Department issued a decision in OneWest Bank, FSB v. Johnson, 2026 NY Slip Op. 03315, holding that an action cannot be dismissed for failure to prosecute before issue has been joined . . . Continue reading Action Cannot be Dismissed for Failure to Prosecute Before Issue Has Been Joined
On May 20, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Poyer, 2026 NY Slip Op. 03145, reversing a dismissal for failure to prosecute because of inadequate notice . . . Continue reading Dismissal for Failure to Prosecute Reversed Because of Inadequate Notice
On April 30, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Credit League, LLC v. Cella Bella’s Hospice Corp., 2026 NY Slip Op. 31905(U), holding Continue reading LLC’s Failure to Abide by Publication Requirements When Formed Prevent it From Suing
On April 19, 2026, Justice Masley of the New York County Commercial Division issued a decision in Alpha Sense, LLC v. Richards, 2026 NY Slip Op. 31713(U), refusing to seal an AI-generated report regarding an opposing party . . . Continue reading Court Refuses to Seal AI-Generated Report Regarding Opposing Party
On April 15, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Congregation Khal Chasidei Skwera, Inc., 2026 NY Slip Op. 02297, holding that a motion to vacate, not a motion for reargument, is the proper way to challenge a decision made on default . . . Continue reading Motion to Vacate, Not Motion to Reargue, is Proper Means to Address a Decision Made on Default
On April 7, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Rocco Agostino Landscape & Gen. Contr. Corp. v. City of New York, 2026 NY Slip Op. 31400(U), holding the format of a special master’s report is an improper basis for objecting to the report . . . Continue reading Format of Special Master’s Report Improper Basis for Objection
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 31201(U), declining to dismiss an action in favor of a later-filed New Jersey action even though the New Jersey courts refused to dismiss the later-filed action . . . Continue reading Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Goanna Capital Private Tech. II LP v. Blair, 2026 NY Slip Op. 31203(U), holding that an agreement by the parties to keep documents confidential was an insufficient ground to seal court records . . . Continue reading That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records
On March 26, 2026, the Third Department issued a decision in Sabre Oxidation Tech., Inc. v. Superior Plus Corp., 2026 NY Slip Op. 01835, holding that the law of the case doctrine only applies to holdings that are essential to a matter’s determination . . . Continue reading Law of the Case Doctrine Only Applies to Holdings That Are Essential to a Matter’s Determination
On March 26, 2026, the First Department issued a decision in Canara Bank, London Branch v. MVP Group Intl., Inc., 2026 NY Slip Op. 01868, holding that a plaintiff should have been allowed voluntarily to discontinue its claims . . . Continue reading Plaintiff Should Have Been Allowed to Discontinue its Claims
