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Lenders › NY Supreme Court › Financial Services Industry

Falcon Rappaport & Berkman LLP

Foreclosure Process Clarification: No Pre-Foreclosure Notice Required to be Served on Appointed Estate Fiduciary for Deceased...

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In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its borrower. This decision confirms that...more

A&O Shearman

Boardriders Minority Lenders Notch Initial Victory Challenging Uptier Transactions

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On October 17, 2022, Justice Andrea Masley of the NY Supreme Court issued a decision and order denying all but one of the motion to dismiss claims filed by Boardriders, Oaktree Capital (an equity holder, term lender, and...more

Alston & Bird

TriMark: Are “Sacred Rights” Still Sacrosanct?

Alston & Bird on

A recent decision by the Supreme Court of New York suggests that current lender-on-lender violence through majority uptiering and covenant-stripping may not be without a remedy. Our Financial Restructuring & Reorganization...more

Hinshaw & Culbertson - Consumer Crossroads

New York Court Finds an Action is Timely in Some Circumstances in CPLR 205(a) Decision

Hinshaw & Culbertson - Consumer Crossroads on

The Appellate Division of the New York Supreme Court's First Department recently issued a decision addressing the calculation of the six-month timeframe permitted to file a new action, according to New York's Civil Practice...more

White and Williams LLP

Mortgage and Pledge of Equity — Clogging the Equity of Redemption?

White and Williams LLP on

A recent decision by the Supreme Court of New York, New York County, addressed the issue of whether the borrower's equity of redemption was being impermissibly "clogged" by a foreclosing lender. The case, HH Cincinnati...more

Troutman Pepper Locke

New York Case Is a Win for the Merchant Cash Advance Industry

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Providers of cash advances repaid by sales of future receivables in New York can have greater confidence that these advances are not loans and are not subject to usury laws. On March 16, the Supreme Court of New York,...more

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