On October 17, 2022, Justice Cohen of the New York County Commercial Division issued a decision in People v. National Rifle Assn. of Am., Inc., 2022 NY Slip Op. 33539(U), denying a request to depose opposing counsel . . . Continue reading Court Refuses to Order Deposition of Opposing Counsel
On October 14, 2022, Justice Chan of the New York County Commercial Division issued a decision in AOG, LLC v. KIND Operations Inc., 2022 NY Slip Op. 33544(U), examining the defenses of setoff and recoupment . . . Continue reading Court Examines Defenses of Setoff and Recoupment
On October 16, 2022, Justice Masley of the New York County Commercial Division issued a decision in Rosenthal & Rosenthal, Inc. v. Lederman, 2022 NY Slip Op. 33550(U), rejecting defenses to an unconditional guaranty . . . Continue reading Court Rejects Defenses to Liability on Unconditional Guaranty
On October 12, 2022, Justice Reed of the New York County Commercial Division issued a decision in CDx Diagnostics, Inc. v. Rutenberg, 2022 NY Slip Op. 51007(U), holding that counterclaims based on filing a complaint were barred by the Noerr-Pennington doctrine . . . Continue reading Counterclaims Based on Filing Complaint Barred by Noerr-Pennington Doctrine
On October 19, 2022, the Second Department issued a decision in Saunders Ventures, Inc. v. Catcove Group, Inc., 2022 NY Slip Op. 05879, holding that a broker was entitled to a commission because it was the procuring cause of a sale . . . Continue reading Broker Entitled to Commission Because it was Procuring Cause of Sale
On October 19, 2022, the Second Department issued a decision in Transcan Sys., Inc. v. Seldat Distrib., Inc., 2022 NY Slip Op. 05881, holding that a plaintiff can assert both contract and fraud claims when the fraud claim is based on misrepresentations that are collateral to the contract . . . Continue reading Plaintiff Can Assert Both Contract and Fraud Claims When Fraud Claim is Based on Misrepresentations Collateral to the Contract
On October 18, 2022, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, Inc., 2022 NY Slip Op. 05819, holding that CPLR 205(a) relation back does not apply to claims that were voluntarily dismissed . . . Continue reading CPLR 205(a) Relation Back Does Not Apply to Claims That Were Voluntarily Dismissed
On September 23, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in West Coast Bus. Capital LLC v. NP Skyloft IB LLC, 2022 NY Slip Op. 33493(U), holding that the presence of a reconciliation provision was key to the finding that a cash advance agreement was not an usurious loan . . . Continue reading Presence of Reconciliation Provision Key Finding that Agreement Was Not an Usurious Loan
On October 20, 2022, the Court of Appeals issued a decision in Sage Sys., Inc. v. Liss, 2022 NY Slip Op. 05918, denying an award of fees in a partnership dispute based on the high standard for finding that a contractual indemnification provision allows the prevailing party to recover fees in a suit between the parties . . . Continue reading Court of Appeals Confirms High Standard for the Award of Fees Based on Indemnification Clause
On October 7, 2022, Justice Borrok of the New York County Commercial Division issued a decision in CBH Med., PC v. Merit Sys., LLC, 2022 NY Slip Op. 33365(U), holding that project managers are not subject to claims for professional malpractice . . . Continue reading Project Managers Not Subject to Claims for Professional Malpractice
