When a litigant serves a late paper, they may receive a notice of rejection in response. What happens if a notice of rejection is not timely served? If the rejection is made after fifteen days, the objection is deemed waived pursuant to CPLR 2101(f).

Res judicata, or claim preclusion, is grounded in the principle that disputes, once fully and fairly adjudicated, should not be relitigated. New York courts apply a broad transactional approach to claim preclusion, barring not only claims that were actually litigated in a prior action, but also those that could have been raised in that action.

New York strongly favors the enforcement of releases. Courts routinely recognize that a valid release serves an important purpose by bringing certainty and finality to disputes, allowing parties to resolve claims and move forward without the threat of future litigation. Indeed, broadly worded releases are often enforced according to their terms,.

For years, litigation funding companies have attempted to distinguish their products from traditional loans by labeling them “investments” contingent on the outcome of a lawsuit. A recent decision from the Appellate Division, First Department – Denemark v. New Ch. Capital, Inc., 2026 N.Y. Slip Op. 04553 (1st Dept. July 23, 2026) – underscores that courts will look beyond contractual labels and examine the substance of the transaction.

Sometimes a party makes a mistake in the course of litigating its case. Absent prejudice to the other party, the Court is free to disregard the mistake and proceed as if the mistake never occurred. CPLR 2001.

In Benowski v. Track Dr., LLC affirmed summary judgment dismissing a contractor’s claim for unpaid retainage and other compensation arising from a commercial renovation project. Although the parties never executed a formal written construction contract, the Court enforced a January 2020 release under which the contractor acknowledged that $233,797.23 constituted the “entire unpaid balance” due and waived all claims relating to the project.

As discussed previously in this BLOG, and most recently in “You Can’t Always Waive Bye-Bye to Statutes of Limitations,” statutes of limitation govern the time in which a cause of action must be interposed after accrual. Article 2 of the CPLR addresses statute of limitations issues in New York.

Under New York law, whether a financing arrangement is a loan depends on its substance rather than its label. Courts generally evaluate three factors: (1) whether the agreement contains a meaningful reconciliation provision tied to actual revenue, (2) whether it lacks a finite term or fixed repayment schedule, and (3) whether the funder lacks recourse in the event of bankruptcy.

In today’s Fraud Notes, we examine two recent appellate court decisions that highlight the role statutes of limitations play in fraud-based claims. Specifically, we explore how New York courts evaluate timeliness under CPLR 213(8), including the six-year limitations period and the two-year discovery rule, as well as the three-year limitations period governing General Business Law § 349 claims.

In today’s article, we examine the interplay between releases, anti-reliance clauses, and the special facts doctrine under New York law, using the Appellate Division, First Department’s decision in Leinhardt v. Socure, Inc., 2026 N.Y. Slip Op. 03881 (1st Dept. June 18, 2026), as a focal point. The case addresses a recurring tension in fraud litigation: whether a party who later claims to have been misled can overcome the barriers imposed by a broad release and explicit discla

Implied‑in‑fact contracts under New York law arise from conduct rather than explicit agreement, requiring objective evidence of mutual assent, definite terms, and an intent to be bound. They are fully enforceable but subject to important limitations, including the preclusive effect of governing express contracts.

Mechanics’ liens are powerful tools available to, inter alia, contractors, laborers, and materialmen when they are not paid for their work in improving real property.

In Rubin v. Hodes, the Appellate Division, Second Department, affirmed the dismissal of fraud and loan repayment claims brought by a former majority shareholder of a healthcare company. However, the courts never reached the merits of those claims because the plaintiff failed to disclose his stock interests and promissory notes in a prior bankruptcy proceeding.

Merger clauses and the duplication of claims doctrine often operate to limit the availability of fraudulent inducement claims alongside breach of contract claims.

When a court issues a decision and order that is self-effectuating, nothing further from the parties is required. Sometimes, however, a court’s decision will direct that the prevailing party either: (a) submit an order or judgment for the court to consider; or, (b) submit or settle an order or judgment, on notice, for the court’s consideration.

Contract interpretation principles require courts to give effect to the parties’ intent as expressed in the plain language of their agreement, while reading the contract as a whole and avoiding constructions that render provisions meaningless.

In today’s article, we examine Kingdom Assoc., Inc. v. WBC Servs. Inc., 2026 N.Y. Slip Op. 03070 (1st Dept. May 14, 2026), a case arising from a proposed subcontract for excavation and foundation work on a New York City project.

CPLR 3215(c) mandates dismissal of a complaint as abandoned if a plaintiff fails to take proceedings for a default judgment within one year of a defendant’s default, unless “sufficient cause” (a reasonable excuse and potentially meritorious claim) is shown. Recent cases clarify what qualifies as “taking proceedings.”

Mechanics’ liens are powerful tools available to, inter alia, contractors, laborers and materialmen when they are not paid for their work in improving real property.

In Cortlandt St. Recovery Corp. v. TPG Capital Mgt., L.P., 2026 N.Y. Slip Op. 02775 (1st Dept. May 5, 2026), the Appellate Division, First Department, examined the limits of fraud claims arising from complex private‑equity financing transactions.