Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 5, 2022, the Second Department issued a decision in Codrington v. Churcher, 2022 NY Slip Op. 05517, holding that to constitute a reasonable excuse for a default, law office failure must be explained in detail . . . Continue reading To Constitute a Reasonable Excuse for a Default, Law Office Failure Must be Explained in Detail
On October 5, 2022, the Second Department issued a decision in HSBC Bank USA, N.A. v. Joseph, 2022 NY Slip Op. 05521, holding that the disbarment of a defendant’s counsel was an insufficient basis to vacating a default judgment . . . Continue reading Counsel’s Disbarment Insufficient Grounds to Vacate Default Judgment
On October 4, 2022, the First Department issued a decision in Kuriyan v. Schreiber, 2022 NY Slip Op. 05499, holding that a complaint failed to allege facts supporting the special relationship exception to a usury defense . . . Continue reading Complaint Fails to Allege Facts Supporting Special Relationship Exception to Usury Defense
On October 4, 2022, the First Department issued a decision in APR Energy Holdings Ltd. v. Deloitte Tax LLP, 2022 NY Slip Op. 05496, enforcing the terms of an engagement letter shortening the time in which to bring a malpractice action . . . Continue reading Court Enforces Engagement Letter Terms Shortening Time in Which to Bring Malpractice Claim
On September 29, 2022, Justice Boddie of the Kings County Commercial Division issued a decision in Harel Alternative Real Estate L.P. v. All Brooklyn Mgt. LLC, 2022 NY Slip Op. 50959(U), holding that a fraud claim cannot be based on misrepresentations that were not made to the plaintiff . . . Continue reading Fraud Claim Cannot be Based on Misrepresentations Not Made to Plaintiff
On September 26, 2022, Justice Reed of the New York County Commercial Division issued a decision in Ahlin v. Lehr, 2022 NY Slip Op. 50900(U), holding that venue cannot be based on the location of a party that was not a party when a lawsuit was commenced . . . Continue reading Venue Cannot Be Based on Location of a Party That Was Not A Party When Lawsuit Was Commenced
On September 29, 2022, the First Department issued a decision in Beckman Coulter, Inc. v. Jabil Circuit Inc., 2022 NY Slip Op. 05367, holding that conclusory allegations that financial statements were falsified are an insufficient basis for a fraud claim . . . Continue reading Conclusory Allegations of Misrepresentations Insufficient Basis for Fraud Claim
On September 29, 2022, the First Department issued a decision in Ramirez v. Moab Capital Partners, LLC, 2022 NY Slip Op. 05383, holding that an employee’s acceptance of a lesser bonus did not waive a claim for failure to pay the full bonus . . . Continue reading Employee’s Acceptance of a Lesser Bonus Did Not Waive Claim for Failure to Pay Full Bonus
On September 27, 2022, the First Department issued a decision in BDO USA, LLP v. Franz, 2022 NY Slip Op. 05265, holding that interviews conducted as part of an internal investigation were not privileged or entitled to attorney work product protection . . . Continue reading Interviews Conducted as Part of Internal Investigation Not Privileged or Entitled to Work Product Protection
