Appellate Court Clarifies Impact Of Covid-19 Tolling Orders

On March 20, 2020, Governor Cuomo signed an executive order tolling most time limits under New York law in light of the COVID-19 pandemic (the “Tolling Order”), for a period that was subsequently extended in a series of further executive orders through November 3, 2020.  We addressed the Governor’s initial order in a prior publication, and we here provide a summary and update with respect to the impact of those orders according to a recent decision […]

By | July 16th, 2021 ||

Appealing The Denial Of Summary Disposition Or Summary Judgment Following An Adverse Jury Verdict

A common avenue for challenging an adverse jury verdict on appeal is to argue that the trial court should have granted judgment notwithstanding the verdict (or, in federal court, a renewed judgment as a matter of law). But can a party also appeal an earlier denial of summary disposition or summary judgment by arguing that the case never should have been presented to the jury?  The answer depends on whether the case is in […]

By | July 6th, 2021 ||

Second Circuit Interprets Guidance From New York Court Of Appeals On Pre-Foreclosure Mailing Burden Of Proof, Filings

Following guidance from the New York Court of Appeals, the United States Court of Appeals for the Second Circuit recently affirmed that a lender complied with the New York Real Property Actions and Proceedings Law (“RPAPL”) when it deviated from its usual mailing procedures, but where that deviation was not material to the proper mailing of the notice, as well as when its filing with the Superintendent of Financial Services only listed information as […]

By | June 28th, 2021 ||