On April 1, 2022, Justice Masley of the New York County Commercial Division issued a decision in Lewis v. Schuster, 2022 NY Slip Op. 30750(U), dismissing a defamation claim because it was based on non-actionable statements of opinion . . . Continue reading Defamation Claim Dismissed Because Alleged Defamatory Statements Were Non-Actionable Opinions
On April 1, 2022, Justice Boddie of the Kings County Commercial Division issued a decision in Family Group 188, LLC v. Foukas, 2022 NY Slip Op. 30764(U), holding that where members of an LLC fail to sign an LLC operating agreement, the LLC is governed by the default rules of the LLC Law . . . Continue reading Where Members Fail to Sign LLC Operating Agreement, LLC is Governed by Default Rules of LLC Law
On March 8, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Sanghvi Diamonds LLC v. Agadjani, 2022 NY Slip Op. 30738(U), denying a motion for summary judgment in lieu of complaint because the amount of the underlying debt was not established in the agreement sued upon . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Fails Because the Amount of the Underlying Debt Not Established
On April 7, 2022, the First Department issued a decision in International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2022 NY Slip Op. 02341, holding that fraudulent inducement and breach of contract claims were not duplicative . . . Continue reading Fraudulent Inducement and Breach of Contract Claims Not Duplicative
On April 6, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in 125 Tuckahoe Lane Corp. v Exit Hospitality Group LLC, 2022 NY Slip Op. 50246(U), holding that an employer was not liable for a defamatory statement made by its employee when the statement was unrelated to the employer-employee relationship . . . Continue reading Employer Not Liable for Defamation Based on Statements by an Employee Unrelated to the Employer-Employee Relationship
On April 7, 2022, the First Department issued a decision in Consolidated Rest. Operations, Inc. v. Westport Ins. Corp., 2022 NY Slip Op. 02336, rejecting a pandemic property damage coverage claim . . . Continue reading First Department Rejects Pandemic Property Damage Coverage Claim
On March 2, 2022, Justice Masley of the New York County Commercial Division issued a decision in BNP Paribas, Singapore Branch v. Natixis, N.Y. Branch, 2022 NY Slip Op 30679(U), awarding pre-judgment interest at the contract rate, not the statutory rate . . . Continue reading Court Awards Pre-Judgment Interest at Contract Rate, not Statutory Rate
On March 30, 2022, the Second Department issued a decision in City of New York v. Prudenti’s Rest. on the Riv., Inc., 2022 NY Slip Op. 02110, holding that questions of fact precluded summary judgment on a claim by the City for ejectment . . . Continue reading Questions of Fact Preclude Summary Judgment on City’s Ejectment Claim
On March 22, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in JP Pizza Eastport LLC v Luigi’s Main St. Pizza Inc., 2022 NY Slip Op. 22088, holding that a party making a best knowledge warranty was not required to investigate the facts relating to the warranty . . . Continue reading Party Making Best Knowledge Warranty Not Required to Conduct Due Diligence
On March 21, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Norman Realty & Constr. Corp. v. 151 E. 170th Lender LLC, 2022 NY Slip Op, 50212(U), holding that there can be no affirmative claim for unconscionabilty . . . Continue reading No Affirmative Claim for Unconscionabilty
