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,
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 3
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…
Party That Fails to Justify Privilege Claim Loses It
By John Lundin
On August 3, 2026, Justice Reed of the New York County Commercial Division issued a decision in Python Fin. Solutions, Inc. v. SDCK I LLC, 2026 NY Slip Op. 51192(U), holding that a party that failed adequately to justify…
Counsel’s Vacation Was Not a Reasonable Excuse for Failing to Oppose a Motion
By John Lundin
On August 5, 2026, the Second Department issued a decision in Abingdon Realty Co., LLC v. Finkelshteyn, 2026 NY Slip Op. 04828, holding that a party’s counsel being on vacation was not a reasonable excuse for failing to oppose…
Referee Did Not Err in Declining to Hold Evidentiary Hearing
By John Lundin
On August 5, 2026, the Second Department issued a decision in R4 RE, LLC v. Franklin Wash., Inc., 2026 NY Slip Op. 04882, holding that a referee did not err in declining to hold an evidentiary hearing, explaining:
The…
Parties Who Voluntarily Sold Their Rights in a Company Cannot Later Void the Sale
By John Lundin
On July 30, 2026, the Third Department issued a decision in Crane v. WP Strategic Holdings, LLC, 2026 NY Slip Op. 04806, holding that parties who voluntarily sold their rights in a company could not later void the sale,…
Amended Complaint Relates Back Even Though Not All Facts Alleged in it Were in Original Complaint
By John Lundin
On July 30, 2026, the First Department issued a decision in 217 Trust v. VIR Constr., Inc., 2026 NY Slip Op. 04824, holding that an amended complaint related back even though not all the facts alleged in it were…
Affidavit Rejected for Failure to Include Exact Wording Required by CPLR
By John Lundin
On July 15, 2026, Justice Reed of the New York County Commercial Division issued a decision in Magnetic Parts Trading Ltd. v. National Air Cargo Group, Inc., 2026 NY Slip Op. 51114(U), rejecting an affidavit because it did not…