Category: Summary Judgment

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 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

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