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
On January 27, 2022, the First Department issued a decision in SHG Resources, LLC v. SYTR Real Estate Holdings LLC, 2022 NY Slip Op. 00525, holding that a motion for summary judgment may not be brought before issue is joined . . . Continue reading Motion for Summary Judgment Not Allowed Before Joinder of Issue
On December 14, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. Prinsecita Esther Corp., 2021 NY Slip Op. 32713(U), denying a motion for summary judgment for failure to support it by admissible proof . . . Continue reading Motion for Summary Judgment Must be Supported by Admissible Proof
On October 21, 2021, the First Department issued a decision in Starr Indem. & Liab. Co. v, U.S. Adjustment Corp., 2021 NY Slip Op. 05799, holding the summary judgment cannot be based on evidence submitted for the first time on reply . . . Continue reading Summary Judgment Cannot Be Based on Evidence Submitted for the First Time on Reply
