Motion to Dismiss for Lack of Standing Fails if Movant Cannot Show a Lack of Standing as a Matter of Law
Commercial Case Notes / Standing

Motion to Dismiss for Lack of Standing Fails if Movant Cannot Show a Lack of Standing as a Matter of Law

On May 20, 2026, the Second Department issued a decision in City of Philadelphia Bd. of Pensions & Retirement v. Winters, 2026 NY Slip Op. 03141, holding that a motion to dismiss for lack of standing fails if the movant cannot show a lack of standing as a matter of law . . . Continue reading Motion to Dismiss for Lack of Standing Fails if Movant Cannot Show a Lack of Standing as a Matter of Law

Court Analyzes Investor’s Standing When Governing Agreement Says That Registered Owner, not Beneficial Owner, Can Sue
ABS Update / Commercial Case Notes / Standing

Court Analyzes Investor’s Standing When Governing Agreement Says That Registered Owner, not Beneficial Owner, Can Sue

On March 17, 2026, Justice Masley of the New York County Commercial Division issued a decision in Oasis Invs. II Master Fund Ltd. v. Chang Ye Inv. Co. Ltd., 2026 NY Slip Op. 31050(U), analyzing the issue of an investor’s standing to sue when the governing agreement provides that the registered owner, not the beneficial owner, can sue . . . Continue reading Court Analyzes Investor’s Standing When Governing Agreement Says That Registered Owner, not Beneficial Owner, Can Sue

LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication
Commercial Case Notes / Standing

LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication

On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hopkins Hawley LLC v. Yarrow Two LLC, 2025 NY Slip Op. 33745(U), holding that a an LLC lacked standing to sue when it had failed to publish its articles of organization and file the proof of publication , , , Continue reading LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication

Party That Sold its Interest in Property Lacked Standing to Defend a Foreclosure Action Relating to It
Commercial Case Notes / Real Property / Standing

Party That Sold its Interest in Property Lacked Standing to Defend a Foreclosure Action Relating to It

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

Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312
Commercial Case Notes / Corporations / Court Rules and Procedures / Standing

Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312

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