On April 9, 2025, the Second Department issued a decision in U.S. Bank N.A. v. Winnie Realty Group, LLC, 2025 NY Slip Op. 02097, rejecting a referee’s report because it was based on an insufficient supporting affidavit . . . Continue reading Referee’s Report Based on Faulty Affidavit Rejected
On March 31, 2025, Justice Reed of the New York County Commercial Division issued a decision in 470 4th Ave. Fee Owner, LLC v. Adam Am. LLC, 2025 NY Slip Op. 50396(U), declining to consider an attorney affirmation as evidence . . . Continue reading Court Declines to Consider Attorney Affirmation as Evidence
On February 13, 2025, the Second Department issued a decision in U.S. Bank N.A. v. Petrez, 2025 NY Slip Op. 00896, holding that an affidavit describing the contents of business records but not attaching them was inadmissible hearsay . . . Continue reading Affidavit Describing the Contents of Business Records But Not Attaching Them Inadmissible Hearsay
On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Bates Holdings II LLC v. ZB Prospect Realty, LLC, 2024 NY Slip Op. 34366(U), holding that the absence of evidence of payment in business records is sufficient evidence of non-payment . . . Continue reading Absence of Evidence of Payment in Business Records is Sufficient Evidence of Non-Payment
On November 26, 2024, the First Department issued a decision in Xiaoyan Lu v. Sagewood SFF III LLC, 2024 NY Slip Op. 05895, holding that a plaintiff was entitled to judgment based on tax estoppel . . . Continue reading Plaintiff Entitled to Judgment Based on Tax Estoppel
On November 25, 2024, the Court of Appeals issued a decision in Knight v. New York & Presbyt. Hosp., 2024 NY Slip Op. 05870, holding that the authenticity of a contract may be established by circumstantial evidence . . . Continue reading Authenticity of Contract May be Established by Circumstantial Evidence
On October 23, 2024, the Second Department issued a decision in Yakubov v. Gaft, 2024 NY Slip Op. 05240, holding that the best evidence rule does not bar evidence if there is an adequate explanation for the absence of the original . . . Continue reading Best Evidence Rule Does Not Bar Evidence if There is an Adequate Explanation for the Absence of the Original
On October 16, 2024, the Second Department issued a decision in Bank of N.Y. v. Levy, 2024 NY Slip Op. 05085, holding that a motion must be supported by business records, not just a records custodian affidavit attesting to the facts in the records . . . Continue reading Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records
On June 26, 2024, the Second Department issued a decision in MTGLQ Invs., L.P. v. Daleo, 2024 NY Slip Op. 03477, holding that an affidavit submitted to prove non-payment of a loan must include the business records upon which the affidavit is based . . . Continue reading Affidavit Submitted to Prove Non-Payment of Loan Must Include Business Records Upon Which the Affidavit is Based
On May 16, 2024, the First Department issued a decision in Taxi Tours Inc. v. Go N.Y. Tours Inc., 2024 NY Slip Op. 02760, holding that an expert witness properly was excluded from testifying because of the expert’s failure to turn over all the data that was the basis for the expert’s decision . . . Continue reading Expert Precluded for Failure to Turn Over All Material Relied Upon
