On September 2, 2026, Justice Reed of the New York County Commercial Division issued a decision in Python Fin. Solutions, Inc. v. SDCK I LLC, 2026 NY Slip Op. 51450(U), holding that a party that fails timely to move to vacate a Note of Issue faces a high burden in vacating it . . . Continue reading Party That Fails to Timely Move to Vacate a Note of Issue Faces a High Burden to Vacate It
On September 3, 2026, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2026 NY Slip Op. 05231, holding that a court erred in reinstating claims rejected by a jury . . . Continue reading Court Erred in Reinstating Claims Rejected by Jury
On August 5, 2026, the Second Department issued a decision in R4 RE, LLC v. Franklin Wash., Inc., 2026 NY Slip Op. 04882, holding that a referee did not err in declining to hold an evidentiary hearing . . . Continue reading Referee Did Not Err in Declining to Hold Evidentiary Hearing
On July 9, 2026, the First Department issued a decision in Homapour v. 3M Props., LLC, 2026 NY Slip Op. 04371, holding that a jury trial waive can apply to persons who did not sign the agreement containing the waiver . . . Continue reading Jury Trial Waiver Can Apply to Persons Who Do Not Sign Agreement Containing the Waiver
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
On June 11, 2026, the First Department issued a decision in Peng v. Board of Mgrs. of Acmos on Chrystie LLC, 2026 NY Slip Op. 03740, holding that a court properly denied a motion for discontinuance . . . Continue reading Court Properly Denied Motion for Discontinuance
On May 28, 2026, the First Department issued a decision in James Thomas Realty, LLC v. Cheliotes, 2026 NY Slip Op. 03362, holding that because a derivative claim is an equitable claim, there is no right to a jury trial even though the plaintiff is seeking money damages . . . Continue reading Because a Derivative Claim is Equitable, No Right to Jury Trial Even if the Action Seeks Money Damages
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
