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.

On October 31, 2025, the Supreme Court, Kings County, decided loanDepot.com LLC v. Ortner, a case addressing the meaning of the “taking proceedings” requirement of CPLR 3215(c).

In Sire Spirits, LLC v. Beam Suntory, Inc., 2025 N.Y. Slip Op. 06297 (1st Dept. Nov. 18, 2025), the Appellate Division, First Department affirmed the denial of a motion to amend a complaint seeking damages for “diminution of enterprise value” due to the alleged fraud.

In Tri-Rail, the Court decided a “question which has not been directly addressed” in the Second Department involving the impact of non-compliance with the Servicemembers Civil Relief Act (f/k/a the Soldiers’ and Sailors’ Civil Relief Act) (the “Act”) on obtaining a default judgment.

Obtaining personal jurisdiction[1] over a defendant is a critical aspect of litigation.

New York’s adoption of the Uniform Voidable Transactions Act in 2019 modernized its Debtor and Creditor Law. The revised law allows creditors to void both actual and constructive fraudulent transfers. Constructive fraud focuses on inadequate value and insolvency, while actual fraud hinges on intent, assessed via “badges of fraud.”

In today’s article, we examine Harris v. Dream Volunteers, a case in which the court reaffirmed a fundamental principle of contract interpretation: contracts that are clear and unambiguous must be enforced according to their plain terms.

In 1995 Cam LLC v. West Side Advisors, LLC, the Court of Appeals held that a “good guy” guarantor’s liability under a commercial lease ends when the tenant vacates and surrenders possession, not when the landlord accepts the surrender.

In Kellinger v. Fox Media LLC, the New York Supreme Court granted a motion brought by defendants to enforce a $15,000 settlement agreement with plaintiff. The motion court found that plaintiff had confirmed the settlement by email, satisfying CPLR 2104’s requirement for a written agreement. Although plaintiff later claimed he only agreed to review the documents, the motion court held that his email constituted a binding acceptance of the settlement.

As readers of this Blog know, a “cause of action to recover damages for fraudulent misrepresentation requires a misrepresentation or a material omission of fact which was false and known to be false by defendant, made for the purpose of inducing the other party to rely upon it, justifiable reliance of the other party on the misrepresentation or material omission, and injury.”

Givens addresses three issues encountered in mortgage foreclosure actions:[1] motions for extensions of time pursuant to CPLR 2004, the 90-day requirement to conduct foreclosure sales pursuant to RPAPL 1351(1), and the tolling of interest due to a lender’s delays in prosecuting its foreclosure action.