Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On January 31, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in SMG Auto. Holdings LLC v. Kings Auto. Holdings, LLC, 2022 NY Slip Op. 30389(U), holding that misnaming a guarantor does not make a guaranty unenforceable . . . Continue reading Misnaming Guarantor Does Not Make Guaranty Unenforceable
On February 3, 2022, Justice Schecter of the New York County Commercial Division issued a decision in Atlantis Mgt. Group II LLC v. Nabe, 2022 NY Slip Op. 30399(U), refusing to enforce a contractual penalty for non-performance . . . Continue reading Court Rejects Contractual Penalty for Non-Performance
On February 4, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Berman v. Holland & Knight LLP, 2022 NY Slip Op. 30402(U), holding that an interrogatory seeking the identity of clients to whom a law firm gave certain advice improperly sought privileged information . . . Continue reading Interrogatory Seeking Identity of Clients to Whom Law Firm Gave Certain Advice Improperly Sought Privileged Information
On February 23, 2022, the Second Department issued a decision in Citimortgage, Inc. v. Roque, 2022 NY Slip Op. 01138, holding that a motion to vacate a judgment must be based on facts that were unavailable when the judgment was entered . . . Continue reading Motion to Vacate Judgment Must be Based on Facts Unavailable When Judgment Entered
On February 24, 2022, the First Department issued a decision in Parlux Fragrances, LLC v. S. Carter Enters., LLC, 2022 NY Slip Op 01250, holding that the covenant of good faith and fair dealing applies where a party has discretion in how it performs a contractual duty . . . Continue reading Covenant of Good Faith and Fair Dealing Applies Where a Party Has Discretion in Performing Contract
On February 24, 2022, the First Department issued a decision in Endothelix, Inc. v. Vasomedical, Inc., 2022 NY Slip Op. 01240, upholding the denial of a motion for leave to amend the complaint to conform to the evidence because the delay in making that motion prejudiced the defendant . . . Continue reading Motion to Amend Pleadings to Conform to the Evidence Denied Because of Prejudicial Delay
On February 22, 2022, the First Department issued a decision in Matter of Ramirez v. Selective Advisors Group, LLC, 2022 NY Slip Op. 01134, explaining the procedure for appealing a decision that was not made in response to a motion made with proper notice . . . Continue reading Relief from a Decision Not Made in Response to a Motion on Notice is Appeal of a Subsequent Motion to Vacate
On February 22, 2022, the First Department issued a decision in Innovative Concepts & Design, LLC v. AL Infinity, LLC, 2022 NY Slip Op. 01122, upholding a dispute resolution clause that gave a licensor the sole discretion to determine the scope of a license . . . Continue reading Court Upholds Dispute Resolution Clause Giving Licensor Sole Discretion to Determine Scope of License
On February 22, 2022, the First Department issued a decision in Delucca v. Hayfin Capital Holdings Ltd., 2022 NY Slip Op. 01119, holding that a “no bad faith” clause barred dismissal of a claim for the breach of the covenant of good faith and fair dealing . . . Continue reading No Bad Faith Clause Bars Dismissal of Good Faith and Fair Dealing Claim
