On June 28, 2022, the First Department issued a decision in Odonata Ltd. v. Baja 137 LLC, 2022 NY Slip Op. 04128, holding that a lease amendment that was negotiated but not signed was not effective . . . Continue reading Amended Lease That was Negotiated but not Signed Not Effective
On July 2, 2022, Justice Masley of the New York County Commercial Division issued a decision in Freedom Trust 2011-2 v. DB Structured Prods., Inc., 2022 NY Slip Op. 32096(U), dismissing a put-back brought by a certificateholder of an RMBS trust, with the trustee’s permission, against the trust’s sponsor because (1) the certificateholder lacked capacity under the trust’s no-action clause and (2) the claims were in any event time-barred. Continue reading RMBS Certificateholder Lacked Capacity to Sue Sponsor
On June 21, 2022, Justice Cohen of the New York County Commercial Division issued a decision in BD Capital Partners Ltd. v. EBIX, Inc., 2022 NY Slip Op. 31951(U), dismissing a complaint for failure to observe a contract’s dispute resolution procedures . . . Continue reading Complaint Dismissed for Failure to Observe Contract’s Dispute Resolution Procedures
On June 22, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Small v. DMRJ Group LLC, 2022 NY Slip Op. 31956(U), dismissing a plaintiff’s claims because of his invocation if his Fifth Amendment rights when being deposed . . . Continue reading Plaintiff’s Claims Dismissed Due to His Invocation of his Fifth Amendment Rights When Being Deposed
On June 21, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Durst Pyramid LLC v. Silver Cinemas Acquisition Co., 2022 NY Slip Op 31958(U), cautioning counsel about the use of affidavits and Rule 19-a statements to avoid word-count limits . . . Continue reading Court Cautions Counsel Against Using Affidavits and Rule 19-a Statements to Avoid Word-Count Limits
On June 16, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in One Edgewater Equities LLC v. Law Firm of Hall & Hall LLP, 2022 NY Slip Op. 31919(U), holding that a motion to change venue pursuant to CPLR 510(3) must be based on the convenience of non-party witnesses . . . Continue reading Motion to Change Venue Pursuant to CPLR 510(3) Must Be Based on Convenience of Non-Party Witnesses
On June 16, 2022, Justice Borrok of the New York County Commercial Division issued a decision in L’Oreal USA, Inc. v’ Wormser Corp., 2022 NY Slip Op. 31931(U), dismissing a claim for lost profits damages under New Jersey law relating to a new business . . . Continue reading Lost Profits Claim Relating to New Business Dismissed
On June 23, 2022, Justice Chan of the New York County Commercial Division issued a decision in Pappas v. Kefalas, 2022 NY Slip Op. 31979(U), holding that absent special circumstances, two actions should be consolidated in the venue of the first-filed action . . . Continue reading Absent Special Circumstances, Actions Should be Consolidated in the Venue of the First-Filed Action
On June 23, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Silverman v. Ying Ma, 2022 NY Slip Op. 31990(U), holding that LLCs and partnerships may not appear pro se in New York state court . . . Continue reading LLCs and Partnerships Cannot Appear in New York Court Pro Se
In our most recent post about In re Mexican Government Bonds Antitrust Litigation, 18-cv-02830, we discussed the recent settlements with JP Morgan and Barclays, as well as Plaintiffs then-outstanding motion for reconsideration of the court’s November 2020 Order dismissing the Second Amended Class Action Complaint (“SACC”) against a subset of the Defendants.[1] That motion has since been decided, and—unfortunately for Plaintiffs—denied. Continue reading Mexican Government Bonds Antitrust Litigation: Reconsideration Motion Denied
