Counsel’s Appearance Plus Failure to Move or Plead Defense Waived Lack of Personal Jurisdiction Defense

Counsel’s Appearance Plus Failure to Move or Plead Defense Waived Lack of Personal Jurisdiction Defense

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

Court Refuses to Dismiss Claim Based on Voluntary Payment Defense Because of Questions of Fact Regarding Plaintiff’s Knowledge of the Relevant Facts

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 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

Breach of Contract Action Duplicative of Malpractice Action

Breach of Contract Action Duplicative of Malpractice Action

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

Condo Offering Plan Disclaimers Unenforceable With Respect to Facts Only Within Sponsor’s Knowledge

Condo Offering Plan Disclaimers Unenforceable With Respect to Facts Only Within Sponsor’s Knowledge

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

Court Refuses to Disqualify Company’s Transactional Counsel from Representing a Shareholder in an Inter-Shareholder Dispute

Court Refuses to Disqualify Company’s Transactional Counsel from Representing a Shareholder in an Inter-Shareholder Dispute

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

Directors Who Set Their Own Compensation Must Show That the Compensation is Fair to the Corporation

Directors Who Set Their Own Compensation Must Show That the Compensation is Fair to the Corporation

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