On December 14, 2021, the First Department issued a decision in Lyman v. J.P. Morgan Chase & Co., 2021 NY Slip Op. 06954, holding that the statute of limitations for a claim of breach of a bailment contract runs from the date the plaintiff demanded the return of the bailed goods . . . Continue reading Statute of Limitations for Breach of Bailment Runs from Date of Demand
On December 15, 2021, the Second Department issued a decision in Onewest Bank, FSB v. N&R Family Trust, 2021 NY Slip Op. 07008, holding that a court’s dismissal for failure to prosecute was faulty when there was not proper notice . . . Continue reading Dismissal for Failure to Prosecute Faulty When There is Not Proper Notice
On December 23, 2021, the Fourth Department issued a decision in Kavanaugh v. Kavanaugh, 2021 NY Slip Op. 07352, dismissing appeals because the appellants were not aggrieved parties . . . Continue reading Appeals Dismissed Because Appellants Were Not Aggrieved Parties
On December 14, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. RIY Realty LLC, 2021 NY Slip Op. 32711(U), dismissing the claims against a defendant for failure to serve the complaint as required by the parties’ agreement . . . Continue reading Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement
On December 14, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. Prinsecita Esther Corp., 2021 NY Slip Op. 32713(U), denying a motion for summary judgment for failure to support it by admissible proof . . . Continue reading Motion for Summary Judgment Must be Supported by Admissible Proof
On December 10, 2021, Justice Masley of the New York County Commercial Division issued a decision in Gardner v. Virtuoso Ltd., 2021 NY Slip Op. 32651(U), dismissing infliction of emotional distress claims based on alleged defamatory comments . . . Continue reading Defamatory Statements, Without More, Cannot be the Basis of an Infliction of Emotional Distress Claim
NCUA and HSBC have agreed to settle NCUA’s trustee claims against HSBC.
It has been a long while since we have updated this particular blog series, but we’re back again with a look at some of the more recent developments in the set of related litigations targeting certain practices adopted by several stock exchanges (the “Exchange Defendants”) which increase the speed at which high-frequency traders (“HFTs”) can execute their trades. For a full refresher, I’d encourage you to take a peek at our two previous posts on this topic, but let it suffice to say here that the investor plaintiffs believe that the Exchange Defendants – motivated by the increased fees associated with the rise of high-frequency trading – created products and services that allowed the HFT firms to prey on other investors via allegedly manipulative trading schemes. Continue reading Trickery in High Frequency Trading: Part 3
On December 15, 2021, the Second Department issued a decision in Onekey, LLC v. Byron Place Assoc., LLC, 2021 NY Slip Op. 07007, holding that lost profits damages were awardable on a breach of contract claim when those profits were within the contemplation of the parties at the time the contract was entered into . . . Continue reading Lost Profits Damages Awardable When They Were Within the Parties’ Contemplation When the Contract Was Entered Into
On December 9, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Air Astana JSC v. Embraer, S.A., 2021 NY Slip Op. 32650(U), holding that service on a Brazilian defendant under BCL 307 must satisfy the requirements of both the BCL and the Hague Convention . . . Continue reading Service on Brazilian Defendant Under BCL 307 Must Satisfy Both BCL and the Hague Convention
