On December 3, 2022, Justice Masley of the New York County Commercial Division issued a decision in EarthLink, LLC v. Charter Communications Operating, LLC, 2022 NY Slip Op. 34097(U), holding that a false statement that a business is insolvent is defamation per se . . . Continue reading False Statement That a Business is Insolvent is Defamation Per Se
On December 8, 2022, Justice Boddie of the Kings County Commercial Division issued a decision in 17 Lexington Ave. LLC v. Alison Six Star LLC, 2022 NY Slip Op. 51194(U), holding that the absence of a commencement date did not make a lease an unenforceable agreement to agree . . . Continue reading Absence of a Commencement Date Did Not Make a Lease an Unenforceable Agreement to Agree
On December 6, 2022, Justice Cohen of the New York County Commercial Division issued a decision in TPC Angels Landing DTLA, LLC v. Claridge DTLA Assoc., LLC, 2022 NY Slip Op. 34115(U), holding that an employee cannot be liable for tortious interference based on his employer’s breach of contract . . . Continue reading Employee Not Liable for Interference With Employer’s Contract
On December 7, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Bronx Parent Hous. Network, Inc. v. High Quality Elec. of NY, LLC, 2022 NY Slip Op. 51189(U), denying a TRO because the plaintiff failed to seek it in connection with a lawsuit . . . Continue reading TRO Denied Because Plaintiff Failed to Seek it in Connection With a Lawsuit
On December 7, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Benitez, 2022 NY Slip Op. 06952, holding that the trial court should have dismissed the plaintiff’s claims for failure to move for a default judgment within one year of the default . . . Continue reading Action Should Have Been Dismissed for Failure to Move for Default Judgment Within One Year of Default
On December 8, 2022, the First Department issued a decision in 100 & 130 Biscayne, LLC v. EE NWT OM, LLC, 2022 NY Slip Op. 06985, holding that the special relationship upon which a negligent misrepresentation claim is based must exist before the alleged misrepresentation is made . . . Continue reading Negligent Misrepresentation Claim Fails When Alleged Special Relationship Arises as Part of Transaction in Which Misrepresentation Was Made
On December 8, 2022, the First Department issued a decision in Phone Admin. Servs. Inc. v. Verizon N.Y., Inc., 2022 NY Slip Op. 07012, holding that a qui tam relator did not err in bringing claims for defrauding local governments in the name of the state . . . Continue reading Qui Tam Relator Did Not Err in Bringing Claims for Defrauding Local Governments in Name of State
On December 8, 2022, the First Department issued a decision in Matter of Pearl Capital Bus. Funding, LLC v. Berkovitch, 2022 NY Slip Op. 07003, holding that even though an arbitral award might have allowed businesses to retain part of a law firm’s fees, the award should not be vacated because it violated public policy . . . Continue reading Arbitral Award That Might Have Allowed Businesses to Retain Some a Law Firm’s Legal Fees Not Subject to Being Vacated as a Matter of Public Policy
On December 8, 2022, the First Department issued a decision in Harman Agency, Inc. v. Wilhelmina Licensing LLC, 2022 NY Slip Op. 06998, affirming a grant of summary judgment made on a motion brought before discovery had begun . . . Continue reading Court May Grant Summary Judgment Before Discovery
On December 8, 2022, the First Department issued a decision in Fuks v. Rakia Assoc., 2022 NY Slip Op. 06995, holding that a court erred in ruling on a referee’s decision without considering the evidence that the referee considered . . . Continue reading Court Erred in Reviewing Referee’s Order Without Reviewing Evidence Considered by the Referee
