On December 16, 2024, Justice Jamieson of the Westchester County Commercial Division issued a decision in U.S. Bank Trust N.A. v. Smith, 2024 NY Slip Op. 51857(U), holding that service by mail is complete on mailing, even if the
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Fees on Fees Not Available Unless Explicitly Provided For
By John Lundin
On April 1, 2025, Justice Cohen of the New York County Commercial Division issued a decision in 242 Tenth Invs. LP v. GVC 242 Tenth Sponsor, LLC, 2025 NY Slip Op. 31118(U), holding that fees on fees are not…
Bankruptcy Stay Does Not Bar Proceeding Against Non-Debtor Defendants
By John Lundin
On March 31, 2025, Justice Chan of the New York County Commercial Division issued a decision in Ragab v. SHR Capital Partners LLC, 2025 NY Slip Op. 31157(U), holding that the bankruptcy stay does not bar proceedings against non-debtor…
Implied Covenant Claim Cannot be Based on Pre-Contract Actions
By John Lundin
On April 1, 2025, Justice Cohen of the New York County Commercial Division issued a decision in World Host Group US Inc. v. O’Cloud Ventures, LLC, 2025 NY Slip Op. 31159(U), holding that an implied covenant claim cannot be…
Motion for Summary Judgment in Lieu of Complaint Denied Because of Non-De Minimis Reference to Other Agreements
By John Lundin
On March 20, 2025, justice Chan of the New York County Commercial Division issued a decision in Montreux Partners II, LP v. Commissions Import-Export S.A., 2025 NY Slip Op. 50441(U), denying a motion for summary judgment in lieu of…
Defendant Has Burden of Showing That Foreclosure is Barred by RPAPL 1301
By John Lundin
On April 9, 2025, the Second Department issued a decision in NewBank v. Yong Won Bu, 2025 NY Slip Op. 02078, holding that the defendant has the burden of showing that a foreclosure is barred by RPAPL 1301, explaining:…
Referee’s Report Based on Faulty Affidavit Rejected
By John Lundin
On April 9, 2025, the Second Department issued a decision in U.S. Bank N.A. v. Winnie Realty Group, LLC, 2025 NY Slip Op. 02097, rejecting a referee’s report because it was based on an insufficient supporting affidavit, explaining:
The…
Party Waives Right to Rely on Foreign Law By Giving Insufficient Notice
By John Lundin
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…
First Department Issues Latest Guidance on Notice Relating to Put-Back Claims
By John Lundin
On April 10, 2025, the First Department recently issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, Inc., 2025 NY Slip Op. 02139, issuing its latest guidance on notice relating to put-back claims.
Among the rulings were…
Court Awards Declaratory Judgment by Default
By John Lundin
On March 20, 2025, Justice Patel of the New York County Commercial Division issued a decision in Sapient Corp. v. Taggart Continuum Tech. Solutions, Inc., 2025 NY Slip Op. 30967(U), awarding declaratory judgment on default, explaining:
Plaintiff further seeks…