Category: Litigation

An assignee of a Mortgage and Note is chargeable with knowledge of a default as it simply moves into the shoes of the assignor

Motions to dismiss should be granted in only the rarest of instances

Preliminary injunction

Generally, it is improper to grant summary judgment when a party’s state of mind, intent, motive or credibility is in issue

Waiver must be done voluntarily and there must be an affirmative act that accompanies the waiver to show such intent

Claims against architects and others involved in the design and construction of building projects generally accrue upon substantial completion of the project

The Appellate Division’s standard of review

Deciding whether to conduct a plenary hearing

A judge need not withdraw from a case upon a mere suggestion that the judge is disqualified

Dismissal of non-foreclosure actions for lack of prosecution