Court Excludes Evidence of Party’s Conviction Arising From Earlier Case Involving Opposing Party
Commercial Case Notes / Evidence

Court Excludes Evidence of Party’s Conviction Arising From Earlier Case Involving Opposing Party

On February 13, 2026, Justice Cohen of the New York County Commercial Division issued a decision in S.A.R.L. Galerie Enrico Navarra v. Marlborough Gallery Inc., 2026 NY Slip Op. 30551(U), excluding evidence of a party’s conviction arising from an earlier case involving the opposing party . . . Continue reading Court Excludes Evidence of Party’s Conviction Arising From Earlier Case Involving Opposing Party

Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground
Commercial Case Notes / Evidence / Summary Judgment

Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground

On January 6, 2026, the First Department issued a decision in Valley Natl. Bank v. Community Prot. Church of Co-op City, Inc., 2026 NY Slip Op. 00036, holding that a motion should not be denied based on the inadmissibility of the supporting evidence if the non-movant did not challenge the evidence on that ground . . . Continue reading Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground

Documents Created by Prior Servicer Business Records of Successor Servicer Because Successor Incorporated Them Into its Records and Relied Upon Them
Commercial Case Notes / Evidence

Documents Created by Prior Servicer Business Records of Successor Servicer Because Successor Incorporated Them Into its Records and Relied Upon Them

On December 10, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Amoah, 2025 NY Slip Op. 06844, holding that documents created by a prior servicer were the business records of the successor servicer because the successor incorporated them into its records and relied upon them in the ordinary course of business . . . Continue reading Documents Created by Prior Servicer Business Records of Successor Servicer Because Successor Incorporated Them Into its Records and Relied Upon Them

Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained
Commercial Case Notes / Evidence / Summary Judgment

Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained

On September 10, 2025, the Second Department issued a decision in Bank of Am., N.A. v. Barnett, 2025 NY Slip Op. 04861, holding that summary judgment on a foreclosure action was denied because the servicer’s supporting affidavit failure to establish a foundation for the facts it contained . . . Continue reading Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained

Affidavit Authenticating Business Records of an Acquired Company Must Refer to Record-Keeping Practices of Acquired Company, Not Acquirer
Commercial Case Notes / Evidence

Affidavit Authenticating Business Records of an Acquired Company Must Refer to Record-Keeping Practices of Acquired Company, Not Acquirer

On July 30, 2025, the Second Department issued a decision in National City Mtge. Co. v. Wercberger, 2025 NY Slip Op. 04488, holding that an affidavit authenticating the business records of an acquired company must refer to the record-keeping practices of the acquired company, not the acquiror . . . Continue reading Affidavit Authenticating Business Records of an Acquired Company Must Refer to Record-Keeping Practices of Acquired Company, Not Acquirer