On July 15, 2026, Justice Reed of the New York County Commercial Division issued a decision in Magnetic Parts Trading Ltd. v. National Air Cargo Group, Inc., 2026 NY Slip Op. 51114(U), rejecting an affidavit because it did not include the exact working required by the CPLR . . . Continue reading Affidavit Rejected for Failure to Include Exact Wording Required by CPLR
On July 29, 2026, the Second Department issued a decision in Wilmington Trust, N.A. v. Walker, 2026 NY Slip Op. 04793, holding that a referee erred in basing a damages award on unproduced evidence . . . Continue reading Referee Erred in Basing Damages Award on Unproduced Evidence
On May 13, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. PF Holding, LLC, 2026 NY Slip Op. 02967, holding that the plaintiff was not entitled to summary judgment because of its failure to submit the business records upon which its motion relied . . . Continue reading Summary Judgment Denied Because of Failure to Submit Business Records Referred to in supporting Affidavit
On May 6, 2026, the Second Department issued a decision in Federal Natl. Mtge. Assn. v. McDonald, 2026 NY Slip Op. 02826, holding that a referee erred in relying on testimony summarizing documents that were not in evidence . . . Continue reading Referee Erred in Relying on Testimony Summarizing Documents That Were Not In Evidence
On March 20, 2026, Justice Cohen of the New York County Commercial Division issued a decision in EHL Funding LLC v. McFarland, 2026 NY Slip Op. 31128(U), holding that a contract can be enforced even if the original is not available . . . Continue reading Contract Can be Enforced Even if the Original is Not Available
On March 10, 2026, Justice Cohen of the New York County Commercial Division issued a decision in 100 & 130 Biscayne LLC v. EE NWT OM, LLC, 2026 NY Slip Op. 30945(U), holding that a sealing order did not affect the admissibility of evidence at trial . . . Continue reading Sealing Order Does Not Affect Admissibility of Evidence At Trial
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
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
On November 24, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Greason v. Nahmad, 2025 NY Slip Op. 34558(U), holding that a 75-year old handwritten memorandum was admissible under the ancient documents exception . . . Continue reading 75-Year Old Memo Admitted Under Ancient Documents Exception
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
