Res judicata.

When a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy.

Yu Chan Li v. City of New York, NY Slip Op 04275 (2d Dep't July 23, 2025)

Here is the decision.

Service of process.

Service pursuant to CPLR 308(4) may be effected by affixing the summons to the door of either the actual place of business, dwelling place, or usual place of abode within the state of the person to be served and by either mailing the summons to the person at his last known residence or by mailing the summons by first class mail to the person to be served at his actual place of business. Service pursuant to CPLR 308(4) may be used only where personal service under CPLR 308(1) and (2) cannot be made with due diligence. Due diligence is not defined by statute but it has been interpreted and applied to require a few visits on different occasions and at different times to the defendant's residence or place of business when the defendant could reasonably be expected to be found there.

PNMAC Mtge. Opportunity Fund Invs., LLC v. Noushad, NY Slip Op 04195 (2d Dep't July 16, 2025)

Here is the decision.

Guaranty Law.

The absolute and unconditional guaranty was separate and distinct from the underlying lease and, therefore, constituted an independent agreement that imposed on the defendant a direct and primary obligation of payment. New York courts have routinely upheld such guaranties.

Queens Syndicate Co. v. Daniarov, NY Slip Op 04196 (2d Dep't July 16, 2025)

Here is the decision.

Motions to intervene.

On a timely motion, a party may intervene as of right in an action involving the disposition of property where the moving party may be adversely affected by the judgment, pursuant to CPLR 1012[a][3].  In determining whether the motion is timely, a court will consider the time between the proposed intervenor's knowledge of the basis for the motion and the making of the motion, and whether any delay in seeking intervention is prejudicial to a party.

U.S. Bank, N.A. v. Severe, NY Slip Op 04198 (2d Dep't July 16, 2025)

Here is the decision.

90-day demands.

Where a defendant serves a 90-day demand pursuant to CPLR 3216(b)(3), the plaintiff must comply with the demand by filing a note of issue or by moving, before the default date, either to vacate the demand or to extend the 90-day demand period. Here, the plaintiff did neither. Therefore, in opposition to the defendant's motion to dismiss the complaint, the plaintiff was required to demonstrate a justifiable excuse for the failure to timely abide by the 90-day demands, as well as the existence of a potentially meritorious cause of action, pursuant to CPLR 3216[e].

Wells Fargo Bank, N.A. v. Moran, NY Slip Op 04199 (2d Dep't July 16, 2025)

Here is the decision.

Constructive trusts.

The elements of a constructive trust are a fiduciary or confidential relationship, a promise, a transfer in reliance on that promise, and unjust enrichment. The transfer element extends to instances where funds, time and effort were contributed in reliance on a promise to share in the result. A party with no actual prior interest in the property must show that an equitable interest developed through the expenditure of money, labor, and time in the property.

Angel v. Struvolich, NY Slip Op 04149 (2d Dep't July 16, 2025)

Here is the decision.

Appellate practice.

Guaranty law.

Generally, a guaranty is an instrument that qualifies for relief pursuant to a motion for summary judgment in lieu of a complaint under CPLR 3213.  In order to meet its prima facie burden on the motion, a plaintiff must prove the existence of the guaranty, the underlying debt, and the guarantor's failure to perform under the guaranty.

Pearl Riv. Campus, LLC v. ReadyScrip, LLC, NY Slip Op 04101 (2d Dep't July 9, 2025)

Here is the decision.

Collateral estoppel.

The doctrine of collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action and decided against that party or those in privity, regardless of whether the tribunals or causes of action are the same. The party seeking to invoke the doctrine has the burden to show the identity of the issues, while the party trying to avoid application of the doctrine must establish the lack of a full and fair opportunity to litigate. The doctrine is based on principles of fairness and the facts and practical realities of a particular litigation, rather than rigid rules. A court's dicta is not subject to the preclusive effect of the doctrine of collateral estoppel.

Quiogue Prop. Mgt., LLC v. Torres, NY Slip Op 04115 (2d Dep't July 9, 2025)

Here is the decision.

Notices of pendency.

Since the defendant's motion to dismiss the complaint was granted, that branch of the motion which was to cancel the notice of pendency is granted as well.

Bank v. Guzzetti, NY Slip Op 04116 (2d Dep't July 9, 2025)

Here is the decision.

Service of process.

Service of process under CPLR 308(2) requires that the summons be delivered within the state to a person of suitable age and discretion at the defendant's "actual place of business, dwelling place or usual place of abode," along with a mailing of the summons to the defendant's last known residence or actual place of business. Personal jurisdiction is not acquired absent compliance with both the delivery and mailing requirements of the statute.  At a hearing to determine the validity of service, the burden of proving personal jurisdiction is on the party asserting it, and that party must sustain that burden by a preponderance of the credible evidence. Credibility determinations rendered by the Supreme Court as to the witnesses who have testified are entitled to great deference on appeal.

Rhoe v. Reid, NY Slip Op 04117 (2d Dep't July 9, 2025)

Here is the decision.