On March 14, 2023, the First Department issued a decision in RCM/CMG Portfolio Holding, LLC v. Giordano, 2023 NY Slip Op. 01265, rejecting affidavits filed in support of summary judgment that were inconsistent with earlier deposition testimony . . . Continue reading Court Rejects Affidavits Inconsistent With Earlier Deposition Testimony
On December 23, 2022, the Fourth Department issued a decision in On the Water Prods., LLC v. Glynos, 2022 NY Slip Op. 07320, excusing the failure to submit a statement of undisputed facts . . . Continue reading Court Excuses Failure to Submit Statement of Undisputed Facts
On December 8, 2022, the First Department issued a decision in Harman Agency, Inc. v. Wilhelmina Licensing LLC, 2022 NY Slip Op. 06998, affirming a grant of summary judgment made on a motion brought before discovery had begun . . . Continue reading Court May Grant Summary Judgment Before Discovery
On November 22, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Worbes Corp. v. Sebrow, 2022 NY Slip Op. 34003(U), holding that a party cannot move for summary judgment before a preliminary conference is held . . . Continue reading Party Cannot Move for Summary Judgment Before a Preliminary Conference is Held
On October 25, 2022, the First Department issued a decision in Arena Invs., L.P. v. D’Angelo, 2022 NY Slip Op. 05945, holding that a guaranty made to two lenders was ambiguous regarding whether it could be enforced by only one of the lenders . . . Continue reading Guaranty Made to Two Lenders Ambiguous Regarding Whether it Could be Enforced by Only One Lender
On October 4, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C., 2022 NY Slip Op. 22316, declining to convert a post-answer motion to dismiss into a motion for summary judgment . . . Continue reading Court Rejects Post-Answer Motion to Dismiss
On September 21, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Zakarin, 2022 NY Slip Op. 05229, holding that a loan servicer’s affidavit was insufficient grounds for summary judgment because it did not identify and attach the business records that formed the grounds for her statement that the defendant had failed to pay . . . Continue reading Loan Servicer Affidavit Failed to Establish Grounds for Summary Judgment of Foreclosure
On September 9, 2022, Justice Chan of the New York County Commercial Division issued a decision in Victor RPM First, LLC v. Charles Condominiums, LLC, 2022 NY Slip Op. 33053(U), barring a party from arguing on summary judgment that the version of a contract it had used throughout the litigation was not the correct one . . . Continue reading Party Barred from Arguing on Summary Judgment that the Version of a Contract it had Used Throughout the Litigation Was Not the Correct One
On September 6, 2022, Justice Chan of the New York County Commercial Division issued a decision in Feenix Venture Partners, LLC v. TBS, Inc., 2022 NY Slip Op. 32980(U), holding that a guaranty that guarantees both payment and performance is not an instrument for the payment of money only for CPLR 3213 purposes . . . Continue reading Guaranty That Guarantees Both Payment and Performance Not Instrument For Payment of Money Only for CPLR 3213 Purposes
On August 4, 2022, the Fourth Department issued a decision in Counsel Fin. Holdings LLC v. Sullivan Law, L.L.C., 2022 NY Slip Op. 04861, holding that CPLR 3213 covers more than negotiable instruments and commercial paper . . . Continue reading CPLR 3213 Covers More Than Negotiable Instruments and Commercial Paper
