Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 31, 2022, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LLC, 2022 NY Slip Op. 05068, holding that when a contract did not specify a particular time for performance, the defendant had a reasonable time in which to perform . . . Continue reading Where Contract Did Not Specify Time for Performance, Defendant Had a Reasonable Time to Perform
On August 31, 2022, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Commerce Commercial Group, Inc., 2022 NY Slip Op. 05104, holding that a trial court did not abuse its discretion in denying a motion for default judgment because the defendant presented a reasonable excuse and a meritorious defense . . . Continue reading No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense
On August 31, 2022, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Murray, 2022 NY Slip Op. 05110, denying a lender summary judgment of foreclosure because of its failure to document compliance with the RPAPL . . . Continue reading Lender Cannot Obtain Summary Judgment of Foreclosure Because of Failure to Document RPAPL Compliance
On August 17, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Dean Capital Partners LLC v. 556 Dean Holdings LLC, 2022 NY Slip Op. 32809(U), denying a motion to intervene as untimely . . . Continue reading Motion to Intervene Denied as Untimely
On August 15, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sutherland Commercial Mtge. Trust 2018-SBC7 v. Celia Realty Inc., 2022 NY Slip Op. 32810(U), holding that a brief delay in moving to dismiss for lack of personal jurisdiction did not waive the defense . . . Continue reading Brief Delay in Moving to Dismiss for Lack of Personal Jurisdiction Did Not Waive that Defense
On August 11, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sharestates Invs. LLC v. 33 Nevins St LLC, 2022 NY Slip Op. 32777(U), holding that New York’s pandemic executive orders tolled a plaintiff’s time to serve the summons and complaint . . . Continue reading New York Pandemic Executive Orders Tolled Time to Serve
On August 11, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sharestates Invs., LLC v. 280 Linden LLC, 2022 NY Slip Op. 32780(U), holding that it did not violate RPAPL § 1301 by simultaneously suing to foreclose on a mortgage and enforce a guaranty on a note . . . Continue reading RPAPL § 1301 Does Not Prohibit a Plaintiff from Simultaneously Suing to Foreclose on a Mortgage and Enforce a Guaranty on a Note in the Same Action
On August 5, 2022, Justice Boddie of the Kings County Commercial Division issued a decision in Barnard v. Eichler, 2022 NY Slip Op. 32811(U), dismissing a fraud claim as duplicative of a breach of contract claim . . . Continue reading Fraud Claim Dismissed as Duplicative of Breach of Contract Claim
On August 25, 2022, Justice Masley of the New York County Commercial Division issued a decision in LCX AG v. 1.274M U.S. Dollar Coin, 2022 NY Slip Op 32834(U), authorizing service through a blockchain . . . Continue reading Court Authorizes Service by Blockchain
On August 10, 2022, Justice Chan of the New York County Commercial Division issued a decision in Grocery Delivery E-Servs., Inc. v. Flynn, 2022 NY Slip Op. 32700(U), granting summary judgment on a conversion claim based on the defendant’s failure to pass on a settlement payment it had received . . . Continue reading Court Grants Summary Judgment of Conversion Based on Defendant’s Failure to Pass On Settlement Payment
