On January 4, 2024, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2024 NY Slip Op. 00022, holding that a debtor cannot challenge an affidavit made in connection with a confession of judgment . . . Continue reading Debtor Cannot Challenge Affidavit Made in Connection With a Confession of Judgment
On September 28, 2023, Justice Chan of the New York County Commercial Division issued a decision in White Oak Commercial Fin., LLC v. EIA Inc., 2023 NY Slip Op. 33362(U), holding that a secured creditor may enjoin a guarantor’s assets . . . Continue reading Secured Creditor May Enjoin Guarantor’s Assets
On September 5, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 255 Butler Assoc. LLC v. 255 Butler, LLC, 2023 NY Slip Op. 33053(U), allowing a creditor to use credit bidding at a judicial sale . . . Continue reading Court Allows Creditor to Use Credit Bidding at Judicial Sale
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
