On January 28, 2026, the Appellate Division, Second Department, decided Deutsche Bank National Trust Company v. Starr, a mortgage foreclosure action that addresses many of the issues raised in our prior BLOG articles.

To pierce the corporate veil under New York law, a plaintiff must satisfy a two‑part test and plead specific, non‑conclusory facts supporting each element.

In BH 336 Partners LLC v. Sentinel Real Estate Corp., 2026 N.Y. Slip Op. 00305 (1st Dept. Jan. 22, 2026), the Appellate Division, First Department, modified an order denying in part a motion to dismiss a complaint containing fraud and fraudulent‑inducement claims arising from Plaintiffs’ purchases of five Manhattan buildings.

In Alphasense, Inc. v. Financial Tech. Partners LP, 2026 N.Y. Slip Op. 00185 (1st Dept. Jan. 15, 2026), the Appellate Division, First Department, considered whether Plaintiffs validly terminated an advisory agreement with Defendants under a “Key Man” provision.

Artificial Intelligence (“AI”) and Generative Artificial Intelligence (“GenAI”) are all the rage these days.

In Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, 2026 N.Y. Slip Op. 00080 (1st Dept. Jan. 13, 2026), the Appellate Division, First Department, affirmed the dismissal of a complaint under CPLR 3211(a)(5) based on res judicata.

In Romano v. Kelly, the Appellate Division, Third Department, affirmed reformation of a settlement agreement based on clear and convincing evidence of mutual mistake.

By: Jonathan H. Freiberger In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to CPLR 3213, which provides, in relevant part: When an action is based upon an instrument for the payment of money only or upon any judgment, the plaintiff may serve with the summons a notice of motion for summary judgment and the supporting papers in lieu of a complaint. The summons served with such motion papers shall require the defendant to submit answering

“[A] release that, by its terms, extinguishes liability on any and all claims arising in connection with specified matters is deemed to encompass claims of fraud relating to those matters, even if the release does not specifically refer to fraud and was not granted in settlement of an actually asserted fraud claim.

This BLOG has previously addressed the issue of a defendant’s appearance in an action – both formal and informal.

New York’s CPLR 3213 allows a plaintiff to seek summary judgment in lieu of a complaint when liability for a sum certain is evident from an instrument for the payment of money only, such as a promissory note or unconditional guaranty. This expedited procedure avoids delays inherent in filing and answering a complaint.

By: Jeffrey M. Haber In New York, foreign business entities – e.g. , corporations, limited liability companies, and partnerships authorized to do business in another jurisdiction or country – are required to register to do business with the Secretary of State. The failure to receive such authority deprives the foreign entity of the ability to affirmatively access the courts of New York and subjects any action commenced by the foreign entity to dismissal. The purpose of the r

NY Lien Law Art. 3 A creates owner and contractor trusts to ensure payment to project participants; trust assets must be used for costs of improvement, and diversions carry civil/criminal penalties. Trustees may commingle but must keep detailed §75 records.

In any contract dispute, “it is necessary to consider the language in the contract, for that is what controls the parties’ rights and responsibilities.” For this reason, New York courts “are guided by the standard rules of contractual interpretation, which provide that ‘a written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms.’”

In today’s Fraud Notes, we examine two cases involving different issues impacting a fraud claim. In RSD857, LLC v. Wright, 2025 N.Y. Slip Op. 06833 (1st Dept. Dec. 09, 2025), we examine the actionability of appraisals. In Olshan Frome Wolosky, LLP v. Kestenbaum, 2025 N.Y. Slip Op. 06816 (Dec. 09, 2025), we examine the duplication doctrine.

In Brearly v. Weis Mkts., Inc., 2025 N.Y. Slip Op. 34485(U) (Sup. Ct., Broome County Oct. 31, 2025), the motion court was asked to consider the viability of claims for violations of General Business Law (“GBL”) §§ 349 and 350, which prohibit false advertising and deceptive acts or practices in the conduct of any business, trade, or commerce.

By: Jonathan H. Freiberger Last Week in our BLOG article: “ It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA ,” we again discussed FAPA and noted that on November 25, 2025, the New York Court of Appeals decided two cases: Article 13 LLC v. Ponce De Leon Fed. Bank , and Van Dyke v. U.S. Bank, N. A. , in which the Court determined that retroactive application of FAPA’s provisions passes constitutional muster und

In Kober v. Nestampower, 2025 N.Y. Slip Op. 06609 (2d Dept. Nov. 26, 2025), the Appellate Division, Second Department, decided an appeal involving disputes over membership interests in a limited liability company.

Today’s article is about MCLP Asset Co. v. Zaveri, an action that involves numerous areas of the law about which we frequently write -- mortgage foreclosure, FAPA, CPLR 205(a), CPLR 205-A and statutes of limitation.

In today’s article, we explore New York’s heightened pleading standard for defamation per se and defamation by implication.