On September 16, 2026, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Hilario, 2026 NY Slip Op. 05351, holding that the plaintiff in a foreclosure action had failed to establish its standing . . . Continue reading Plaintiff in Foreclosure Action Fails to Establish its Standing
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
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
On March 3, 2026, Justice Crane of the New York County Commercial Division issued a decision in RGA Gigi LLC v. Wieder & Friedman Enters. Inc., 2026 NY Slip Op. 30780(U), holding that shipping goods to New York was not doing business in New York for LLC Law Section 808 purposes . . . Continue reading Shipping Goods to New York Not Doing Business for LLC Law § 808 Purposes
On December 23, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Truist Equip. Fin. Corp. v. Tebele, 2025 NY Slip Op. 35031(U), holding that Continue reading Assignee of Claim Has Standing to Continue an Action Brought in the Assignor’s Name Without Substitution
On December 17, 2025, the Second Department issued a decision in Normandy Capital Trust v. 223 15th St, LLC, 2025 NY Slip Op. 07011, holding that an LLC member lacked standing to challenge a foreclosure on the LLC’s property . . . Continue reading LLC Member Lacked Standing to Challenge Foreclosure on LLC’s Real Property
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
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
