Blog Posts in April, 2019

Barclays Bank Delaware v Lippman, 61 Misc 3d 135(A) (App Term 2018) “At Your Own Peril”. Here, a pro se litigant failed to move timely for a motion to dismiss for improper service under CPLR 3211 (e). ...

Chase Bank USA, N.A. v Castelli, 61 Misc 3d 144(A) (App Term 2018). “Knowledge of A Debt Prevents Challenging Default if Fail to Act”. This case demonstrates once again that once you become aware of a ...

DBCA, LLC v Cohen, 62 Misc 3d 493, 493-95 (NY Dist Ct 2018) “WHAT'S GOOD FOR THE GOOSE IS GOOD FOR THE GANDER”. Hon. Scott Fairgrieve, J., holds that if the agreement provides for the plaintiff the ...

Capital One Bank (USA), N.A. v Manjarrez, 62 Misc 3d 1204(A) (Civ Ct 2018)-For some reason, plaintiff only pled breach of contract and did not pled account stated. Case law shows that proving an ...

Discover Bank v Witt, 62 Misc 3d 139(A) (App Term 2019); here is a case with a good affidavit from an individual with personal knowledge of the business practices establishing on a summary judgment ...

Capital One Bank (USA), N.A. v Stewart, 60 Misc 3d 132(A) (App Term 2018). Pro Se litigant makes an interesting, but superfluous argument to no avail. Plaintiff moved on summary judgment for breach of ...