Where Contract Did Not Specify Time for Performance, Defendant Had a Reasonable Time to Perform

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 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

No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense

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 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

Brief Delay in Moving to Dismiss for Lack of Personal Jurisdiction Did Not Waive that Defense

Brief Delay in Moving to Dismiss for Lack of Personal Jurisdiction Did Not Waive that Defense

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

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

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 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

Court Grants Summary Judgment of Conversion Based on Defendant’s Failure to Pass On Settlement Payment

Court Grants Summary Judgment of Conversion Based on Defendant’s Failure to Pass On Settlement Payment

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