On October 5, 2022, Justice Masley of the New York County Commercial Division issued decision in AJ Wealth Strategies, LLC v. Smoose, 2022 NY Slip Op. 33400(U), refusing to enforce an overbroad restrictive covenant . . . Continue reading Over-Broad Restrictive Covenant Unenforceable
On October 12, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Black, 2022 NY Slip Op. 05732, holding that the appearance of counsel, combined with the defendant’s failure to move to dismiss or plead a defense of lack of personal jurisdiction, waived that defense . . . Continue reading Counsel’s Appearance Plus Failure to Move or Plead Defense Waived Lack of Personal Jurisdiction Defense
On October 13, 2022, the First Department issued a decision in Tantallon Austin Hotel, LLC v. Wilmington Trust, N.A., 2022 NY Slip Op. 05778, refusing to dismiss a claim based on a voluntary payment defense because of questions of fact regarding the plaintiff’s knowledge of the relevant facts . . . Continue reading Court Refuses to Dismiss Claim Based on Voluntary Payment Defense Because of Questions of Fact Regarding Plaintiff’s Knowledge of the Relevant Facts
On October 13, 2022, the First Department issued a decision in Molnar v. Greentech Capital Advisors, L.P., 2022 NY Slip Op. 05757, holding that equity-based compensation did not constitute “wages” within the meaning of Labor Law § 190(1) . . . Continue reading Equity-Based Compensation Not Wages Within the Meaning of Labor Law § 190(1)
On October 14, 2022, Justice Chan of the New York County Commercial Division issued a decision in Park Royal I LLC v. HSBC, Index No. 657329, holding that a certificateholder’s failure to have Cede & Co. authorizations when it commenced an action was a curable defect . . . Continue reading Failure to Have Cede & Co. Authorizations When Action Commenced is Curable
On October 13, 2022, the First Department issued a decision in Eccles v. Shamrock Capital Advisors, LLC, 2022 NY Slip Op. 05750, holding that the internal affairs doctrine applies to an officer or director at the time of the conduct at issue . . . Continue reading Internal Affairs Doctrine Applies to Officer/Director at Time of Conduct
On September 6, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Trump Vil. Section 4, Inc. v. Lawless & Mangione Architects Engrs. LLP, 2022 NY Slip Op. 33159(U), holding that a breach of contract action was duplicative to a time-barred malpractice action . . . Continue reading Breach of Contract Action Duplicative of Malpractice Action
On September 29, 2022, Justice Chan of the New York County Commercial Division issued a decision in Board of Mgrs. of 87-89 Leonard St. Condominium v. Leonard St. Owner, LLC, 2022 NY Slip Op. 33275(U), holding that condo offering plan disclaimers are not enforceable with respect to facts only within the sponsor’s knowledge . . . Continue reading Condo Offering Plan Disclaimers Unenforceable With Respect to Facts Only Within Sponsor’s Knowledge
On September 29, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in ZW Acquisition LLC v. Volkov, 2022 NY Slip Op. 33295(U), refusing to disqualify a company’s former transactional counsel from representing a shareholder in an inter-shareholder dispute . . . Continue reading Court Refuses to Disqualify Company’s Transactional Counsel from Representing a Shareholder in an Inter-Shareholder Dispute
On October 4, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Pinto v. Schinitsky, 2022 NY Slip Op. 33360(U), holding that directors who set their own compensation must show that the compensation is fair to the corporation . . . Continue reading Directors Who Set Their Own Compensation Must Show That the Compensation is Fair to the Corporation
