Statute
CPLR
324 published works
Commercial Case Notes
Death of Party in Default Does Not Stay Action
By John Lundin
On October 7, 2026, the Second Department issued a decision in NYCTL 1998-2 Trust v. Phillip, 2026 NY Slip Op. 05802, holding that the death of a party in default…
Commercial Case Notes
Request for Foreclosure Settlement Meets Requirement for Moving for Default Judgment
By John Lundin
On September 30, 2026, the Second Department issued a decision in Flagstar Bank, FSB v. Roberts, 2026 NY Slip Op. 05519, holding that requesting a foreclosure settlement conference met the…
Commercial Case Notes
Attachment Cannot Be Made Against Person Who Is Not a Party to an Action/Proceeding
By John Lundin
On September 23, 2026, the Second Department issued a decision in Stanley Supply & Tool, Inc. v. Smallwood, 2026 NY Slip Op. 05436, holding that an attachment cannot be made…
Commercial Case Notes
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…
Commercial Case Notes
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…
Commercial Case Notes
Counsel Sanctioned For Bringing Frivolous Appeal Seeking to Reverse Trial Court’s Sanctions Against It
By John Lundin
On July 2, 2026, the First Department issued a decision in Slabakis v. Poyiadjis, 2026 NY Slip Op. 04265, sanctioning counsel for bringing a frivolous appeal seeking to reverse the…
Commercial Case Notes
Court Should Issue Declaration When Dismissing Cause of Action for Declaratory Judgment
By John Lundin
On July 1, 2026, the Second Department issued a decision in Wellpath Holdings, Inc. v. XL Ins. Am., Inc., 2026 NY Slip Op. 04229, holding that when there are no…
New York Attorney Malpractice Blog
A Convenience Car Ownership and Insurance
Gruber v Donaldsons, Inc. 2026 NY Slip Op 04182 July 1, 2026 Appellate Division, Second Department is an unusual set up for a legal malpractice case, which involves the car…
Commercial Case Notes
Plaintiff Bound by Forum Selection Clause
By John Lundin
On May 7, 2026, Justice Gomez of the Bronx County Commercial Division issued a decision in J&A Concrete Corp. v. Everest Reins. Co., 2026 NY Slip Op. 26068, holding that…
Commercial Case Notes
Plaintiff Fails to Meet Heavy Burden of Escaping Mandate of Forum Selection Clause
By John Lundin
On May 6, 2026, the Second Department Westchester Fitness, LLC v. Retrofitness, LLC, 2026 NY Slip Op. 02870, holding that a plaintiff had failed to meet the heavy burden for…