Court Upholds Liquidated Damages Award
On July 26, 2022, the First Department issued a decision in Seymour v. Hovnanian, 2022 NY Slip Op. 04705, upholding an award of liquidated damages . . . Continue reading Court Upholds Liquidated Damages Award
Court Rejects Attempt to Obtain Discovery of Tax Returns
On July 14, 2022, Justice Reed of the New York County Commercial Division issued a decision in Atsco Footwear Holdings, LLC v. KBG, LLC, 2022 NY Slip Op. 50657(U), rejecting an attempt to obtain discovery of tax returns . . . Continue reading Court Rejects Attempt to Obtain Discovery of Tax Returns
Lender Denied Summary Judgment of Foreclosure Because of Failure to Give Notice in Type-Face Required by RPAPL 1303
On July 20, 2022, the Second Department issued a decision in Bank of N.Y. Mellon v. McCaffrey, 2022 NY Slip Op. 04619, affirming the denial of summary judgment in a foreclosure action because the lender failed to establish that its RAPL 1303 notice complied with the statute’s type-face requirements . . . Continue reading Lender Denied Summary Judgment of Foreclosure Because of Failure to Give Notice in Type-Face Required by RPAPL 1303
Unjustified Delay Leads to Denial of Motion to Amend
On July 20, 2022, the Second Department issued a decision in Castaldi v. Castle Restoration, LLC, 2022 NY Slip Op. 04621, holding that an unjustified delay in moving to amend was a proper basis for denying amendment . . . Continue reading Unjustified Delay Leads to Denial of Motion to Amend
Failure to Update Address With Secretary of State Does Not Excuse Default
On July 5, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Signature Fin. LLC v. Endeavor Constr. Group Corp., 2022 NY Slip Op. 32122(U), holding that a business’s failure to update its address with the Secretary of State does not excuse its failure to appear or justify vacating a default judgment . . . Continue reading Failure to Update Address With Secretary of State Does Not Excuse Default
Corporate Officer Liable for Corporation’s Conversion of Funds
On July 15, 2022, Justice Masley of the New York County Commercial Division issued a decision in Lotte Hotel N.Y. Palace, LLC v. Anthony J. Diguiseppe, P.C., 2022 NY Slip Op. 32328(U), holding a corporate office liable for a company’s conversion of funds . . . Continue reading Corporate Officer Liable for Corporation’s Conversion of Funds
Summary Judgment in Lieu of Complaint Unavailable When Note Does Not Specify All Funds Due or the Date They Are Due
On July 5, 2022, Justice Chan of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2022 NY Slip Op. 32134(U), denying summary judgment in lieu of complaint because the note did not specify all fuds that were due or when they were due . . . Continue reading Summary Judgment in Lieu of Complaint Unavailable When Note Does Not Specify All Funds Due or the Date They Are Due
Statutory Post-Award Pre-Judgment Interest Available on an Arbitral Award Only From Payment Date Specified in the Award
On July 6, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Go v. Marto Capital LLC, 2022 NY Slip Op. 32127(U), holding that statutory post-award pre-judgment interest on an arbitral award is available only from the date for payment listed in the award . . . Continue reading Statutory Post-Award Pre-Judgment Interest Available on an Arbitral Award Only From Payment Date Specified in the Award
Court Upholds Claim for Money Had and Received
On July 6, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Yunjie Yang v. Knights Genesis Group, 2022 NY Slip Op. 32126(U), upholding a claim for money had and received . . . Continue reading Court Upholds Claim for Money Had and Received
Court Refuses to Seal Documents Despite Parties’ Agreement to Do So
On July 8, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Tekiner v. Bremen House Inc., 2022 NY Slip Op. 32191(U), refusing to seal documents despite the parties’ agreement to seal . . . Continue reading Court Refuses to Seal Documents Despite Parties’ Agreement to Do So