On May 20, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Poyer, 2026 NY Slip Op. 03145, reversing a dismissal for failure to prosecute because of inadequate notice, explaining:
CPLR 3216 permits a court, on its own initiative, to dismiss an action for want of prosecution where certain…
On May 20, 2026, the Second Department issued a decision in GPB Capital Holdings, LLC v. Dibre, 2026 NY Slip Op. 03150, holding that the failure to exercise best efforts constituted a breach of the covenant of the implied duty of good faith and fair dealing, explaining:
Contrary to the plaintiffs’ contention, the Supreme…
On May 20, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Barr, 2026 NY Slip Op. 03199, holding that the statute of limitations on a claim for failure to pay the balance due on a mortgage begins to run when the lender demands that the entire balance be paid,…
On May 15, 2026, Justice Reed of the New York County Commercial Division issued a decision in Brighthill Capital, LLC v. Abrams, 2026 NY Slip Op. 50742(U), holding that a client’s failure to pay is sufficient grounds to grant a motion to withdraw as counsel, explaining:
CPLR 321 (b) (2) provides:
an attorney of…
On May 5, 2026, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in Samson MCA LLC v. DI Constr. LLC, 2026 NY Slip Op. 50732(U), refusing to enforce an attorneys’ fees provision of a stipulation of settlement, explaining:
Plaintiff seeks a default judgment pursuant to CPLR §3215(i). CPLR 3215(i) provides:…
On May 14, 2026, Justice Reed of the New York County Commercial Division issued a decision in Computershare Trust Co., N.A. v. Cohen, 2026 NY Slip Op. 50735(U), declining to grant a stay in connection with the withdrawal of counsel, explaining:
CPLR 321 (b) (2) provides:
a]n attorney of record may withdraw or be…
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 a plaintiff was bound by the forum selection clause in the contract on which the plaintiff sued, explaining:
As noted above, CPLR § 510(1)…
On May 13, 2026, the Second Department issued a decision in U.S. Bank N.A. v. Islam, 2026 NY Slip Op. 03015, holding that an action should be dismissed if the plaintiff failed timely to seek a default judgment, explaining:
CPLR 3215(c) provides that if the plaintiff fails to take proceedings for the entry of…
On May 13, 2026, the Second Department issued a decision in Harrison v. 160-01 Jamaica Ave. Corp., 2026 NY Slip Op. 02970, holding that a trial court should have vacated a note of issue because of changed circumstances, explaining:
[T]he Supreme Court should have granted that branch of Atlantic’s motion which was pursuant to…
On May 13, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. PF Holding, LLC, 2026 NY Slip Op. 02967, holding that the plaintiff was not entitled to summary judgment because of its failure to submit the business records upon which its motion relied, explaining:
Generally, in moving for…
