On June 22, 2022, the Second Department issued a decision in Eleven Stars, LLC v. Central Baptist Church, 2022 NY Slip Op. 04009, dismissing an appeal for failure to submit an adequate appellate record . . . Continue reading Appeal Dismissed for Failure to Submit Adequate Record
On June 23, 2022, the First Department issued a decision in Chadha v. Wahedna, 2022 NY Slip Op. 04089, holding that a fraud claim failed for lack of reasonable reliance . . . Continue reading Fraud Claim Fails Because Reliance on Alleged Misrepresentations was not Reasonable
On June 21, 2022, the First Department issued a decision in Favourite Ltd. v. Cico, 2022 NY Slip Op. 03987, holding that a plaintiff cannot amend a complaint that has been dismissed . . . Continue reading Plaintiff Cannot Amend Complaint That Has Been Dismissed
On May 23, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Bank of Am., N.A. v. Dollar Phone Corp., 2022 NY Slip Op. 31777(U), holding that after a motion to dismiss has been made, any discontinuance must be by court order or consent . . . Continue reading After a Motion to Dismiss Has Been FiIed, Any Discontinuance Must be by Consent or Court Order
On May 23, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in F&R Goldfish Corp. v. Furleiter, 2022 NY Slip Op. 31779(U), holding that the failure to pay rent could not be the basis for a conversion claim . . . Continue reading Conversion Claim Cannot be Based on Failure to Pay Rent
On May 23, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Greenwich St. Equities v. Federman, 2022 NY Slip Op. 31780(U), rejecting a duress defense . . . Continue reading Duress Defense Fails for Lack of Allegations of a Wrongful Threat
On June 1, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Andes Petroleum Ecuador Ltd. v. Occidental Petroleum Corp., 2022 NY Slip Op. 31751(U), looking to a plaintiff’s place of business, not its place of incorporation, in applying New York’s borrowing statute . . . Continue reading Court Looks to Plaintiff’s Place of Business, not its Place of Incorporation, in Applying New York’s Borrowing Statute
On June 15, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Kahn Prop. Owner, LLC, 2022 NY Slip Op. 03921, holding that a loan servicer’s affidavit without supporting business records was insufficient to prove a borrower’s failure to pay . . . Continue reading Loan Servicer’s Affidavit Without Supporting Business Records Insufficient to Prove Failure to Pay Loan
On May 25, 2022, Justice Chan of the New York County Commercial Division issued a decision in Park Royal I LLC v. HSBC Bank USA, N.A., 2022 NY Slip Op. 31715(U), holding that a lack of a Cede & Co. authorization when an action was filed was a curable defect in standing and was not a basis for dismissal . . . Continue reading Lack of Cede & Co. Authorization to Sue is a Curable Defect in Standing Not Requiring Dismissal
On June 16, 2022, the First Department issued a decision in VII MP Miami Hotel Owner, LLC v. Hycroft, LLC, 2022 NY Slip Op. 03983, holding that a liquidated damages clause was not an unenforceable penalty . . . Continue reading Liquidated Damages Clause Not an Unenforceable Penalty
