On September 2, 2026, the Second Department issued a decision in Breslin Brookhaven, LLC v. Rose, 2026 NY Slip Op. 05156, holding that the assignee of a contract may compel an arbitration under the contract’s arbitration clause, explaining:
On
Lundin PLLC
Lundin PLLC is a law firm that publishes detailed legal analyses and case law updates primarily focused on New York State jurisprudence. Their blog posts cover a range of civil litigation topics including mortgage foreclosure, injunctions, intervention motions, fiduciary duty claims, and regulatory issues involving public utilities. The firm provides summaries and explanations of recent court decisions, emphasizing procedural and evidentiary aspects relevant to practitioners. Lundin PLLC's content is aimed at legal professionals seeking insights into case law developments and practical implications for litigation and transactional matters.
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Latest from Lundin PLLC - Page 2
Claim Dismissed as Abandoned for Failure Timely to Move for Default Judgment
By John Lundin
On September 2, 2026, the Second Department issued a decision in HSBC Bank USA, N.A. v. Wharton, 2026 NY Slip Op. 05172, holding that a claim was abandoned because the plaintiff failed to move for a default judgment within…
Notice to Admit May Not Address Legal Conclusions or Facts That Go to the Heart of the Dispute
By John Lundin
On September 2, 2026, the Second Department issued a decision in Ramos v. 126th St. Equities, LLC, 2026 NY Slip Op. 05201, holding that a notice to admit may not address legal conclusions or facts that go to the…
Motion for Summary Judgment in Lieu of Complaint Dismissed Due to Short Service
By John Lundin
On August 6, 2026, Justice Walsh of the Westchester County Commercial Division issued a decision in Gonzalez v. Marte, 2026 NY Slip Op. 51244(U), dismissing a motion for summary judgment in lieu of complaint due to short service, explaining:…
Claim Dismissed for Failure to Establish Attorney-Client Relationship
By John Lundin
On August 26, 2026, the Second Department issued a decision in Blank v. Petrosyants, 2026 NY Slip Op. 05074, dismissing a legal malpractice claim for failure to establish an attorney-client relationship, explaining:
The elements of a cause of action…
The Defendant Had Two Residences Insufficient to Defeat Presumption of Validity of Service at One of Them
By John Lundin
On August 12, 2026, the Second Department issued a decision in Anglada v. Bradford, 2026 NY Slip Op. 04917, holding that the fact that a defendant had two residences was insufficient to defeat the presumption of validity of service…
Court Erred in Finding that High Bar for Antisuit Injunction Had Been Met
By John Lundin
On August 27, 2026, the First Department issued a decision in Astraea NYNY LLC v. Ganley, 2026 NY Slip Op. 05143, holding that a court erred in holding that the high bar for an antisuit injunction had been met,…
Defendant in Default Cannot Raise Non-Jurisdictional Defenses
By John Lundin
On August 19, 2026, the Second Department issued a decision in U.S. Bank, N.A. v. Ittayem, 2026 NY Slip Op. 05056, holding that a defendant in default cannot raise non-jurisdictional defenses, explaining:
The Supreme Court properly denied the defendants’…
Purchaser for Value Defeats Quiet Title Action
By John Lundin
On August 26, 2026, the Second Department issued a decision in 853 Lexington, LLC v. JB Lexington, LLC, 2026 NY Slip Op. 05066, holding that a bona fide purchaser for value defeated a quiet title action, explaining:
The plaintiff…
Party Cannot Appeal Order Entered Against it on Default
By John Lundin
On August 26, 2026, the Second Department issued a decision in Aladin v. Kensington Ins. Co., 2026 NY Slip Op. 05067, holding that a party cannot appeal an ordered against it on default, explaining:
The appeal from the order…