On August 25, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Harvey Pub. Adjuster, LLC v. Viet Media Agency, 2022 NY Slip Op. 32933(U), dismissing an unjust enrichment claim as duplicative . . . Continue reading Unjust Enrichment Claim Dismissed as Duplicative
On August 29, 2022, Justice Odorisi of the Seventh Judicial District Commercial Division issued a decision in Spin Capital v. Texas Med. Ctr. Supply, LLC, 2022 NY Slip Op. 32914(U), declining to award without further justification a victorious plaintiff attorneys’ fees when those fees were based on a contingency fee arrangement . . . Continue reading Court Declines to Base Attorneys’ Fee Award on Plaintiff’s Contingent Fee Arrangement
On August 31, 2022, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LLC, 2022 NY Slip Op. 05068, holding that when a contract did not specify a particular time for performance, the defendant had a reasonable time in which to perform . . . Continue reading Where Contract Did Not Specify Time for Performance, Defendant Had a Reasonable Time to Perform
On August 31, 2022, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Commerce Commercial Group, Inc., 2022 NY Slip Op. 05104, holding that a trial court did not abuse its discretion in denying a motion for default judgment because the defendant presented a reasonable excuse and a meritorious defense . . . Continue reading No Abuse of Discretion in Denying Default Judgment Where There was a Reasonable Excuse and a Meritorious Defense
On August 31, 2022, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Murray, 2022 NY Slip Op. 05110, denying a lender summary judgment of foreclosure because of its failure to document compliance with the RPAPL . . . Continue reading Lender Cannot Obtain Summary Judgment of Foreclosure Because of Failure to Document RPAPL Compliance
On August 17, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Dean Capital Partners LLC v. 556 Dean Holdings LLC, 2022 NY Slip Op. 32809(U), denying a motion to intervene as untimely . . . Continue reading Motion to Intervene Denied as Untimely
