On April 8, 2025, the First Department issued a decision in BML Props. Ltd. v. China Constr. Am., Inc., 2025 NY Slip Op. 02030, holding that a party waived the right to rely on foreign law by giving insufficient notice, explaining:
The trial court also properly found that defendants waived the application of Bahamian law. Although defendants gave notice of the intent to invoke foreign law on the eve of trial, they did not give the court sufficient information under CPLR 4511 to make a ruling on the law or to apply it, as they did not offer the information until their posttrial brief. Offering the information at such a late date impairs the trial court’s ability to make proper rulings and is unfair to the opposing party.
(Internal quotations and citations omitted).