Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: February 19, 2021

Dismissal for Failure Timely to Move for Default Judgment, Without More, Not Dismissal for Failure to Prosecute for CPLR 205 Purposes

On February 11, 2021, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo Barn Bd., LLC, 2021 NY Slip Op. 00963, holding that a dismissal for failure timely to move for default judgment, without more, was not a dismissal for failure to prosecute for CPLR 205 purposes . . .


Posted: February 18, 2021

Even When Process Server Did Not Testify, Conclusory Denials of Receipt of Service Insufficient to Rebut Presumptive Validity of Affidavit of Service

On February 9, 2021, the First Department issued a decision in Eros Intl. PLC v. Mangrove Partners, 2021 NY Slip Op. 00793, holding that even when the process server did not testify, conclusory denials of receipt of service were insufficient to rebut the presumptive validity of an affidavit of service . . .


Posted: February 16, 2021

Party Did Not Put Privileged Communications At Issue Where Claims Could be Litigated Without Relying on Privileged Communications

On February 9, 2021, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd. v. Canadian Imperial Bank of Commerce, 2021 NY Slip Op. 00815, holding that a party did not put privileged communications at issue when its claims could be litigated without relying on those communications . . .