On April 16, 2025, the Second Department issued a decision in Nechadim Corp. v. 500 Putnam St. Realty, LLC, 2025 NY Slip Op. 02214, holding that a party that sold its interest in property lacked standing to defend a foreclosure action relating to it . . . Continue reading Party That Sold its Interest in Property Lacked Standing to Defend a Foreclosure Action Relating to It
On November 25, 2024, Justice Patel of the New York County Commercial Division issued a decision in OCFBrook Holdings, LLC v. TKS Brooklyn Ctr. Holding, LLC, 2024 NY Slip Op. 51611(U), holding that bringing a lawsuit in New York is not doing business here for purposes of LLC Law 802 and 808 or BCL 1312 . . . Continue reading Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312
On October 22, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Egorchenko v. Paul, 2024 NY Slip Op. 33748(U), holding that a shareholder lacks standing to bring a direct claim based on injury to the corporation . . . Continue reading Shareholder Lacks Standing to Bring Direct Claim Based on Injury to Corporation
On September 24, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Waterview Condominium LLC v. Indig, 2024 NY Slip Op. 33366(U), holding that an unincorporated corporation’s failure to sue through a representative was a curable error . . . Continue reading Unincorporated Corporation’s Failure to Sue Through a Representative Curable Error
On June 13, 2024, the First Department issued a decision in Allen v. Zizzi Constr. Corp., 2024 NY Slip Op. 03226, holding that a defect in standing could be cured by a post-filing assignment of claims . . . Continue reading Standing Defect Cured by Post-Filing Assignment of Claims
On April 3, 2024, the Second Department issued a decision in Teva Realty, LLC v. Cornaga Holding Corp., 2024 NY Slip Op. 01833, holding that a defendant that dealt with an entity as a corporation cannot avoid its obligations to is because it was not properly incorporated . . . Continue reading Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated
On January 16, 2024, Justice Cohen of the New York County Commercial division issued a decision in Shafer v. Dweck, 2024 NY Slip Op. 30201(U), holding that a lack of standing can be cured by assigning claims from a business to the business owner . . . Continue reading Lack of Standing Can Be Cured by Assignment of Claim from Business to Business Owner
On December 5, 2023, the First Department issued a decision in Rappoport v. Nye, 2023 NY Slip Op. 06224, holding that the beneficiary of an estate lacked standing to sue on behalf of the estate . . . Continue reading Beneficiary of Estate Lacks Standing to Sue on Behalf of Estate
On October 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Braddock v. Shwarts, 2023 NY Slip Op. 51050(U), dismissing a claim for failure adequately to allege standing to bring a claim based on the assignment of claims . . . Continue reading Claim Dismissed for Failure Adequately to Allege Standing Based on Assignment of Claims
On September 30, 2023, Justice Masley of the New York County Commercial Division issued a decision in Board of Mgrs. of 11 Beach St. Condominium v. HFZ 11 Beach St. LLC, 2023 NY Slip Op. 33419(U), holding that on a motion dismiss, the defendant bears the initial burden of making a prima facie showing of a lack of standing . . . Continue reading On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing
