Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction

Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction

On June 14, 2022, the First Department issued a decision in Taxi Medallion Loan Trust III v. Brown Eyes Cab Corp., 2022 NY Slip Op. 03879, holding that an agreement’s recital that it was negotiated, executed, and delivered in New York was sufficient to create personal jurisdiction in New York . . . Continue reading Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction

Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction

Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction

On May 13, 2022, Justice Cohen of the New York County Commercial Division issued a decision in V6CO LLC v. Business Advocate Law PLLC, 2022 NY Slip Op. 31579(U), holding that the use of a New York bank was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction

Party Not Entitled to Renewal Based on Deposition Testimony it Could Have Obtained Prior to Moving for Summary Judgment But Chose Not to

Party Not Entitled to Renewal Based on Deposition Testimony it Could Have Obtained Prior to Moving for Summary Judgment But Chose Not to

On June 3, 2022, the Fourth Department issued a decision in 2006905 Ontario Inc. v. Goodrich Aerospace Can., Ltd., 2022 NY Slip Op. 03613, holding that a party was not entitled to renew a motion for summary judgment based on deposition testimony it chose not to obtain before it moved for summary judgment . . . Continue reading Party Not Entitled to Renewal Based on Deposition Testimony it Could Have Obtained Prior to Moving for Summary Judgment But Chose Not to

Where Defendant Has a Continuing Duty, The Statute of Limitations for Breaching That Duty Starts Anew Each Day the Defendant is in Breach

Where Defendant Has a Continuing Duty, The Statute of Limitations for Breaching That Duty Starts Anew Each Day the Defendant is in Breach

On May 11, 2022, Justice Masley of the New York County Commercial Division issued a decision in Irma C. Pollack LLC v. OP Dev. Corp., 2022 NY Slip Op. 31541(U), holding that where a defendant had a continuing duty to act, the statute of limitations for breaching that duty starts anew each day the defendant is in breach . . . Continue reading Where Defendant Has a Continuing Duty, The Statute of Limitations for Breaching That Duty Starts Anew Each Day the Defendant is in Breach