On February 23, 2022, the Second Department issued a decision in Citimortgage, Inc. v. Roque, 2022 NY Slip Op. 01138, holding that a motion to vacate a judgment must be based on facts that were unavailable when the judgment was entered . . . Continue reading Motion to Vacate Judgment Must be Based on Facts Unavailable When Judgment Entered
On January 10, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in American Universal Supply Inc. v. Gibson Air Mech. Inc., 2022 NY Slip Op. 50018(U), discussing the procedure for foreclosing on a bonded lien . . . Continue reading Court Reviews Procedure for Foreclosing on a Bonded Lien
On December 16, 2021, the Court of Appeals issued a decision in Plymouth Venture Partners, II, L.P. v. GTR Source, LLC, 2021 NY Slip Op. 07055, holding that a failure to follow the judgment collection procedures in CPLR Article 52 does not give rise to a claim in tort . . . Continue reading Tort Claim Cannot be Based on Failure to Follow Article 52 Judgment Collection Procedures
