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
On July 5, 2022, Justice Chan of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2022 NY Slip Op. 32134(U), denying summary judgment in lieu of complaint because the note did not specify all fuds that were due or when they were due . . . Continue reading Summary Judgment in Lieu of Complaint Unavailable When Note Does Not Specify All Funds Due or the Date They Are Due
On June 15, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Kahn Prop. Owner, LLC, 2022 NY Slip Op. 03921, holding that a loan servicer’s affidavit without supporting business records was insufficient to prove a borrower’s failure to pay . . . Continue reading Loan Servicer’s Affidavit Without Supporting Business Records Insufficient to Prove Failure to Pay Loan
On June 3, 2022, the Fourth Department issued a decision in 2006905 Ontario Inc. v. Goodrich Aerospace Can., Ltd., 2022 NY Slip Op. 03613, holding that a party was not entitled to renew a motion for summary judgment based on deposition testimony it chose not to obtain before it moved for summary judgment . . . Continue reading Party Not Entitled to Renewal Based on Deposition Testimony it Could Have Obtained Prior to Moving for Summary Judgment But Chose Not to
On April 12, 2022, the First Department issued a decision in Board of Mgrs. of 150 E. 72nd St. Condominium v. Vitruvius Estates LLC, 2022 NY Slip Op. 02358, denying a motion for summary judgment because the movant failed to submit an affidavit based on personal knowledge of the relevant facts . . . Continue reading Summary Judgment Denied Due to Failure to Submit Affidavit Attesting to Personal Knowledge of the Relevant Facts
On March 8, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Sanghvi Diamonds LLC v. Agadjani, 2022 NY Slip Op. 30738(U), denying a motion for summary judgment in lieu of complaint because the amount of the underlying debt was not established in the agreement sued upon . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Fails Because the Amount of the Underlying Debt Not Established
On March 24, 2022, the First Department issued a decision in Bank of Am., N.A. v. Filho, 2022 NY Slip Op. 02055, holding that a guaranty that guaranteed both payment and performance is not an instrument for the payment of money only for CPLR 3213 purposes . . . . Continue reading Guaranty That Guaranties Both Payment and Performance is not an Instrument for the Payment of Money Only for CPLR 3213 Purposes
On February 9, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in PS Funding, Inc. v. 863 E. 12th Holdings LLC, 2022 NY Slip Op. 30559(U), holding that an early motion for summary judgment cannot be defeated as being premature unless the non-movant can point to relevant evidence further discovery might reveal . . . Continue reading Early Motion for Summary Judgment Cannot be Defeated as Premature if Non-Movant Cannot Point to Relevant Evidence Discovery May Uncover
On February 18, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in Fisher v. Lovaro LLC, 2022 NY Slip Op. 30565(U), holding that a revolving credit agreement was not an instrument for the payment of money only for CPLR 3213 purposes . . . Continue reading Revolving Credit Agreement Not Instrument for the Payment of Money Only for CPLR 3213 Purposes
On February 8, 2022, the First Department issued a decision in Arbor-Myrtle Beach PE LLC v. Frydman, 2022 NY Slip Op. 00806, holding that a motion for summary judgment in lieu of complaint on a guaranty was not barred by the existence of a larger transaction . . . Continue reading That Guaranty Was Part of a Larger Transaction Does Not Bar Motion for Summary Judgment in Lieu of Complaint
