Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
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
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
On December 10, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Matter of Renren Inc. Derivative Litig. v. XXX, 2021 NY Slip Op. 51176(U), rejecting a derivative action settlement that treated similarly-situated shareholders differently . . . Continue reading Court Rejects Derivative Action Settlement That Treats Similarly-Situated Shareholders Differently
On December 14, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Galasso v. Cobleskill Stone Prods., Inc., 2021 NY Slip Op. 51190(U), holding that the common law right of inspection cannot be used to circumvent limitations on the scope or timing of disclosure in pending litigation . . . Continue reading Common Law Right to Inspect Books and Records Cannot be Used to Supplement Discovery in Litigation
