Service.

Any purported error in the service of the amended pleading upon was not jurisdictional in nature and, in the absence of any apparent prejudice to the defendant, can and should be ignored by the court, pursuant to  CPLR 3012[a].

399 Broadway Holdings, LLC v. Das, NY Slip Op 03172 (2d Dep't May 28, 2025)

Here is the decision.

Foreclosure.

An action to foreclose a mortgage is governed by a six-year statute of limitations, pursuant to CPLR 213[4]. Even if a mortgage is payable in installments, once a mortgage debt is accelerated, the entire amount is due and the statute of limitations begins to run on the entire debt. Acceleration occurs by the commencement of a foreclosure action wherein the holder of the note elects in the complaint to call due the entire amount secured by the mortgage.

Deutsche Bank Nat'l Trust Co. v. Sylvestre, NY Slip Op 03039 (2d Dep't May 21, 2025)

Here is the decision.

Contract law.

Expectation damages is the general measure of damages in a breach of contract case under New York law.

Telefonico S.A. v. Millicom Intl. Cellular S.A., NY Slip Op 03153 (1st Dep't May 22, 2025)

Here is the decision.

Vacating a default.

A defendant seeking to vacate a default and to compel the plaintiff to accept an untimely answer must show both a reasonable excuse for the default and the existence of a potentially meritorious defense. The determination of what constitutes a reasonable excuse lies within the trial court's discretion.

Here, service was made by delivering copies of the summons and complaint to the Secretary of State, and evidence in admissible form from the defendant's affidavit established that the default was caused by the Secretary of State's delay in forwarding the copies of the summons and complaint to the defendants. The Secretary of State's delay in forwarding the papers is a reasonable excuse for the default.

BJ Integra Affordable, LLC v. Vanmew,Hous. Dev. Fund Corp.,  NY Slip Op 03035 (2d Dep't May 21, 2025)

Here is the decision.

Memorial Day.

Memorial Weekend.

Memorial Weekend.

Memorial Weekend.

Failure to plead.

Parties must plead all matters which if not pleaded would take the adverse party by surprise or would raise an issue of fact not appearing on the face of a prior pleading, pursuant to CPLR 3018[b].  The failure to plead a defense that must be pleaded affirmatively under CPLR 3018(b) is a waiver of that defense.  However, an unpleaded defense may serve as the basis for granting summary judgment in the absence of surprise or prejudice to the opposing party. The burden of demonstrating prejudice or surprise is on the party opposing the motion.

Babakhanov v Diaz Austin Assoc., L.P., NY Slip Op 03032 (2d Dep't May 21, 2025)

Here is the decision.

Contract law.

Only a stranger to the contract can be liable for tortious interference with a contract.

Beast Invs. LLC  v. Celebrity Virtual Dining, LLC, NY Slip Op 03012 (1st Dep't May 20, 2025)

Here is the decision.

Actions to quiet title.

CPLR 212(a) provides that "[a]n action to recover real property or its possession cannot be commenced unless the plaintiff, or his predecessor in interest, was seized or possessed of the premises within ten years before the commencement of the action." However, CPLR 212 (a) must be read together with RPAPL 311, which provides that "the person who establishes a legal title to the premises is presumed to have been possessed thereof within the time required by law; and the occupation of the premises by another person is deemed to have been under and in subordination to the legal title unless the premises have been held and possessed adversely to the legal title for ten years before the commencement of the action."

Canty v. Burns, NY Slip Op 02903 (2d Dep't May 14, 2025)

Here is the decision.