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January 10, 2024 Foreign LLC Doing Business in New York Lacks Capacity to Sue Unless Registered To Do Business in New York
On December 12, 2023, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision in South Beach Tristar 800 LLC v. Lincoln Arts ERFR LLC, Index No. 654461/2023, holding that a plaintiff foreign limited liability company doing, but not licensed to do, business in New York lacked legal capacity to sue, but nonetheless denying defendant's motion to dismiss on the condition that plaintiff promptly register to do business in New York, explaining: Read More
April 17, 2023 First Department Finds Lower Court Applied Wrong State’s Law to Statute of Limitations and Standing
In a Decision, dated March 30, 2023, in MLRN LLC v. U.S. Bank, NA, 2023 NY Slip Op 01748, the First Department, among other things, (1) reversed the lower court’s denial of defendant’s motion to dismiss causes of action for certain breaches holding that the court should not have found that the claims accrued in New York and were timely under New York’s six-year statute of limitations and (2) reversed the lower court’s granting of plaintiff’s motion for summary judgment finding that court should have applied New York’s choice of law. The Court explained: Read More
March 29, 2023 Assignment Was Not Champertous
In a Decision and Order, dated March 1, 2023, in IKB Int’l S.A. v. Morgan Stanley, Index No. 653964/2012, Justice Melissa Crane granted in part and denied in part Morgan Stanley’s motion for summary judgment.  Schlam Stone & Dolan LLP represents Plaintiffs in this action.  Morgan Stanley argued, inter alia, that the assignment of claims to IKB AG was champertous.  The Court rejected this argument, explaining:  Read More
March 27, 2023 Recently Completed Assignment Sufficient For Standing At Pleading Stage
In a Decision and Order on Motion, dated March 7, 2023, in Finitive LLC v. Pattelli, Index No. 155024/2022, Justice Barry R. Ostrager granted in part and denied in part Defendants’ motion to dismiss. In denying that portion of Defendants’ motion to dismiss which argued that Plaintiffs, including Private Brokers LLC (“PB”), lacked standing, the Court explained: Read More
December 14, 2022 Plaintiff Can Cure Standing Defect After Suit Commenced
On October 13, 2022, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in Park Royal I LLC v. HSBC Bank USA, N.A., 2022 N.Y. Slip Op. 33501(U), denying defendant's motion for leave to reargue and declining to dismiss a suit brought by a plaintiff that lacked standing at the time of suit on the ground that plaintiff later cured this standing defect, explaining: Read More
July 8, 2022 Sentence Reduction, Question of Standing, TILA Liability Written by: Harvey M. Stone, Richard H. Dolan
This column reports on several recent and significant representative decisions by the U.S. District Court for the Eastern District of New York. Read More
April 21, 2022 Owner Has Standing Even Though It Was Not a Party to Consignment Agreement
On January 11, 2022, in Artemus USA LLC v Leila Taghinia-Milani Inc., 2022 NY Slip Op 00115, the First Department, inter alia, affirmed the denial of defendants’ motion to dismiss the breach of contract claim brought by the owner of artwork who was not a party to the consignment agreement for lack of standing. Read More
January 26, 2022 Executors of Late Father’s Estate Have Standing to Sue Non-Profit and Its Directors
On November 26, 2021, in Epstein v Epstein Teicher Philanthropies, 2021 NY Slip Op 32460(U), Justice Masley held that co-successor executors of an estate that bequeathed money to a charitable organization had standing to sue the nonprofit and its directors for failure to obey the charity’s purpose by donating money to Ohio rather than NY based institutions. The Court explained: Read More
September 10, 2021 RPAPL Broad Standing Rules Inapplicable Where Claim Really About Ownership of LLC
On August 26, 2021, the First Department issued a decision in FGP 1, LLC v Dubrovsky, 2021 NY Slip O… Read More
April 7, 2021 Claim Related to Hacking of Client Data Dismissed for Lack of Damages
On March 30, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Kea… Read More
November 7, 2020 Dissolved Corporation Can Still Bring Lawsuit
On October 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
September 22, 2020 Undisclosed Principal May Sue on a Contract Made in its Agent's Name
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 5, 2019 Directing RMBS Certificateholder Not "Effective" Plaintiff Causing Suit to Fail for Lack of Standing Under PSA's No Action Clause
On November 21, 2019, Justice Friedman of the New York County Commercial Division issued a decision … Read More
May 5, 2019 Defendant Waives Standing Defense By Failing to Raise it in Answer or Motion to Dismiss
On March 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Fra… Read More
March 16, 2019 Claim Time-Barred Because it Was Not Assigned to Plaintiff Until After Statute of Limitations Had Run
On February 28, 2019, the First Department issued a decision in Rizack v. Signature Bank, N.A., 2019… Read More
February 14, 2019 A Lawyer's Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer
On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Chey… Read More
October 19, 2018 New York Law Applied to Question of Whether Tort Claims Passed to Belgian Assignee
On October 9, 2018, the First Department issued a decision in Royal Park Invs. SA/NV v. Morgan Stanl… Read More
October 10, 2018 Shareholder Has Standing to Sue Corporation's Counsel for Malpractice
On September 20, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 19, 2017 Plaintiff Lacked Standing to Assert Claims for Damage to Affiliate
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Ma… Read More
May 30, 2017 When Plaintiffs Sold Bonds Their Tort Claims Automatically Transferred to the Purchaser
On May 15, 2017, Justice Bransten of the New York County Commercial Division issued a decision in On… Read More
September 22, 2016 Assignee Lacked Standing; Assignment of Right to Pursue Remedies on Notes Did Not Transfer Claims
On September 15, 2016, the First Department issued a decision in Cortlandt St. Recovery Corp. v. Hel… Read More
July 21, 2016 Actions Dismissed on Standing Grounds May be Refiled Pursuant to CPLR 205
On July 7, 2016, the First Department issued a decision in U.S. Bank N.A v. DLJ Mortgage Capital, In… Read More
May 24, 2016 Party That Failed to Give Contractually-Required Notice Prior to Bringing Suit Lacked Standing
On May 17, 2016, the First Department issued a decision in Nomura Asset Acceptance Corp. Alternative… Read More
May 3, 2016 Assignee of Claims Allowed to Substitute in As Party in Lieu of Dismissed Assignor
On April 13, 2016, Justice Singh of the New York County Commercial Division issued a decision in Inv… Read More
December 7, 2015 Plaintiff That Assigned Claims Lacked Standing
On November 24, 2015, the First Department issued a decision in Lehr Associates Consulting Engineers… Read More
August 31, 2015 Lack of Standing is not a Jurisdictional Defect Justifying Sua Sponte Dismissal
On August 26, 2015, the Second Department issued a decision in Mortgage Electronic Registration Syst… Read More
August 4, 2015 Securities Seller in Repurchase Agreement Lacks Standing to Assert Claims as Owner
On July 18, 2015, Justice Bransten of the New York County Commercial Division issued a decision in O… Read More
August 3, 2015 RMBS Plaintiff Lacks Standing Due to Failure to Allege Assignment of Tort Claims
On July 14, 2015, Justice Friedman of the New York County Commercial Division issued a decision in H… Read More
July 25, 2015 Action Dismissed for Lack of Standing
On June 26, 2015, Justice Bransten of the New York County Commercial Division issued a decision in D… Read More
June 10, 2015 Trustee May Bring Action in His Own Name
On June 4, 2015, the First Department issued a decision in Connery v. Sultan, 2015 NY Slip Op. 04750… Read More
March 26, 2015 Plaintiff Not Required to Plead its Standing to Make a Claim
On March 18, 2015, Justice Whelan of the Suffolk County Commercial Division issued a decision in HSB… Read More
December 6, 2014 Lack of Standing Curable by Amendment
On November 20, 2014, Justice Friedman of the New York County Commercial Division issued a decision … Read More
September 21, 2014 Assignee of Notes for Purposes of Collection Only Lacks Standing
On September 16, 2014, Justice Friedman of the New York County Commercial Division issued a decision… Read More
July 7, 2014 Condominium Board Lacked Capacity to Bring Lawsuit Because Suit was not Formally Approved by Board
On July 2, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Board… Read More
October 20, 2013 Assignees of Purchaser of Residential Mortgage-Backed Securities Lack Standing to Sue and Assignor Failed to Adequately Plead Fraud Damages
On October 16, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More