On January 8, 2025, the Second Department issued a decision in Creswell Invs., Ltd. v. Brazil+Q1 Ltd., 2025 NY Slip Op. 00081, holding that nail and mail service was ineffective when the process server failed to exercise sufficient diligence in attempting to serve the defendant, explaining:
Service of process upon a natural person must…
On January 8, 2025, the Second Department issued a decision in Gutierrez v. Hillside Hotel, LLC, 2025 NY Slip Op. 00083, holding that a defendant could not challenge service at address designated for service with the Secretary of State, even though that address was outdated, explaining:
The Supreme Court properly determined that the defendant…
On January 7, 2025, the First Department issued a decision in Seibel v. Scarola Zubatov Schaffin PLLC, 2025 NY Slip Op. 00067, enforcing an engagement letter provision allowing counsel to withdraw if the client did not cooperate with counsel, explaining:
SZS was properly granted summary judgment based on Seibel’s breach of the parties’ retainer…
On January 7, 2025, the First Department issued a decision in Bullaro v. Ledo, Inc., 2025 NY Slip Op. 00040, upholding the dismissal of a motion for summary judgment under the single motion rule, explaining:
Supreme Court correctly denied defendants’ motion for summary judgment — the second such motion by defendants in the same…
On January 9, 2025, the First Department issued a decision in Matter of TGT, LLC v. Meli, 2025 NY Slip Op. 00180, holding that parties that “did not oppose” a motion to compel “lack[ed] standing to appeal because they were not aggrieved by the grant of” the motion.
On January 9, 2025, the First Department issued a decision in Black v. Phoenix Cayman Ltd., 2025 NY Slip Op. 00147, holding that a claim was time-barred because of the Plaintiffs’ failure diligently to investigate their claim, explaining:
The first cause of action for fraud should be dismissed as time-barred. This claim was not…
On December 19, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Homapour v. 3M Props., LLC, 2024 NY Slip Op. 34518(U), excusing a 10-month delay in answering a cross-claim, explaining:
CPLR 3012(d) provides that upon the application of a party, the court may extend the time to appear…
On December 19, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lingang Li v. Howe, 2024 NY Slip Op. 34490(U), holding that a claim based on an alleged oral agreement to sell shares of a company that only owned real property was barred by the statute of frauds, explaining:…
On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Bates Holdings II LLC v. ZB Prospect Realty, LLC, 2024 NY Slip Op. 34366(U), holding that the absence of evidence of payment in business records is sufficient evidence of non-payment, explaining:
[T]here is no merit to the argument…
On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Pesochinsky v. Gurariy, 2024 NY Slip Op. 34371(U), holding that a dispute over the distribution of revenue did not justify the appointment of a receiver, explaining:
It is well settled that a temporary receiver should only be appointed…
