Service of process.

The defendant waived the defense of lack of personal jurisdiction on the basis of improper service by failing to move for judgment on that ground within 60 days after serving his answer and otherwise failed to show undue hardship, pursuant to CPLR 3211[e]. Although the statute was amended to provide that the rule requiring the defendant to move for judgment within 60 days "shall not apply in any proceeding to collect a debt arising out of a consumer credit transaction where a consumer is a defendant," the amendment was not in effect at the time this action was commenced, and the defendant does not contend that the amendment should apply retroactively. In any event, the defendant failed to rebut the presumption of proper service created by the process server's affidavit.

Bank of Am., N.A. v. McKeon, NY Slip Op 04617 (2d Dep't August 13, 2025)

Here is the decision.

Filing a referee's report.

The referee's failure to file a report within 60 days of the order of reference was a mere irregularity that the Supreme Court properly disregarded, pursuant to CPLR 2001, 2004.

Bank of Am., N.A. v. ABC Realty Holdings, Inc., NY Slip Op 04616 (2d Dep't August 13, 2025)

Here is the decision.

Summary judgment.

The court may grant a motion for summary judgment before discovery is completed. To defeat the motion as premature, the opposing party must provide an evidentiary basis to suggest that discovery might lead to relevant evidence or that the facts essential to justify opposition to the motion were in the exclusive knowledge and control of the moving party. The mere hope or speculation that evidence sufficient to defeat the motion may be uncovered with additional discovery is insufficient to deny the motion.

AccessLex Inst. v. Clunis, NY Slip Op 04613 (2d Dep't August 13, 2025)

Here is the decision.

Leave to renew.

Leave to renew ordinarily requires diligent efforts to obtain the evidence now relied on and a reasonable justification for not submitting the evidence in the prior motion, pursuant to CPLR 2221[e][2], [3]. Courts also may grant the motion in the interest of justice, so as not to defeat substantive fairness.

Forbes v. City of New York, NY Slip Op 04608 (1st Dep't August 7, 2025)

Here is the decision.

Appellate practice.

The Appellate Division declines to reach an issue that the appellant did not raise before the motion court and that is not a purely legal argument apparent on the face of the record.

Victor v. Khatskevich, NY Slip Op 04610 (1st Dep't August 7, 2025)

Here is the decision.

Contract law.

There is a "mere continuation" exception to the rule against successor liability on a contract claim. While no one factor is dispositive, courts determining whether a successor corporation is a mere continuation of its predecessor have considered whether: (1) all or substantially all assets are transferred to the successor corporation; (2) the predecessor corporation has been effectively extinguished following the transaction; (3) the successor has assumed an identical or nearly identical name; (4) the successor has retained one or more of the same corporate officers, directors, and/or employees; and (5) the successor has continued the same business.

Avamer 57 Fee LLC v. Hunter Boot USA LLC, NY Slip Op 04607 (1st Dep't August 7, 2025)

Here is the decision.

Negligent misrepresentation.

In order to state a cause of action for negligent misrepresentation, a plaintiff must allege: (1) a special or privity-like relationship imposing a duty on the defendant to impart correct information to the plaintiff; (2) that the information was incorrect or withheld; and (3) reasonable reliance on the information or the omission. A conventional business relationship, without more, is insufficient to create a fiduciary relationship. A plaintiff must make a showing of special circumstances that transformed the business relationship to a fiduciary one, such as control by one party of the other for the good of the other.

Away Envtl., Inc. v. Town of Clarkstown, NY Slip Op 04535 (2d Dep't August 6, 2025)

Here is the decision.

Landlord-Tenant.

A residential lease that obligates a tenant to indemnify a landlord for the landlord's own negligence is unenforceable as against public policy. However, in a commercial lease, negotiated between two sophisticated parties, the lessor and lessee may freely enter into an agreement whereby they use insurance to allocate between themselves the risk of liability to third parties.

Arnold v. RJJR Corp., NY Slip Op 04534 (2d Dep't August 6, 2025)

Here is the decision.

Third-party claims.

Impleader is available even if the impleaded party owes no duty to the primary plaintiff, provided that the third-party claim is sufficiently related to the main action to at least raise the question of whether the third-party defendant may be liable to defendant-third-party plaintiff, for whatever reason, for the damages for which the latter may be liable to plaintiff.

A Real Advantage, Inc. v. Renu Constr. & Restoration, Inc., NY Slip Op 04531 (2d Dep't August 6, 2025)

Here is the decision.

So-ordered stipulations.

A so-ordered stipulation is a binding contract that will be construed according to contract principles. As in the interpretation of any contract, the instrument must be read as a whole to determine the parties' purpose and intent, giving a practical interpretation to the language employed so that the parties' reasonable expectations are realized.

A Real Advantage, Inc. v. Renu Contr. & Restoration, Inc., NY Slip Op 04531 (2d Dep't August 6, 2025)

Here is the decision.

Limitations periods.

Contracting parties may agree to limit the period of time within which an action must be commenced to a period shorter than that provided by the applicable statute of limitations. If it is in writing, the agreement is enforceable, absent proof that it is an adhesion contract or the product of overreaching.

95 Crescent, LLC v. Certified Restoration Servs., Inc., NY Slip Op 04530 (2d Dep't August 6, 2025)

Here is the decision.