Tortious Interference With Prospective Business Relations Claim Fails for Lack of Allegations of Wrongful Conduct
Commercial Case Notes / Tortious Interference

Tortious Interference With Prospective Business Relations Claim Fails for Lack of Allegations of Wrongful Conduct

On December 6, 2022, the First Department issued a decision in 4720 Third Ave. Hous. LLC v. CA Ventures LLC, 2022 NY Slip Op. 06879, holding that a tortious interference with prospective business relations claim failed for lack of allegations of wrongful conduct . . . Continue reading Tortious Interference With Prospective Business Relations Claim Fails for Lack of Allegations of Wrongful Conduct

Plaintiffs Who Made Claims Based on Rights Under an Agreement Are Bound by the Agreement’s Arbitration Provisions
Arbitration, Mediation and Other ADR / Commercial Case Notes

Plaintiffs Who Made Claims Based on Rights Under an Agreement Are Bound by the Agreement’s Arbitration Provisions

On November 14, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Alma Mgt. PTE Ltd v. Shepard Towers LLC, 2022 NY Slip Op. 34036(U), holding that plaintiffs who were relying upon an agreement were bound by the agreement’s arbitration provision . . . Continue reading Plaintiffs Who Made Claims Based on Rights Under an Agreement Are Bound by the Agreement’s Arbitration Provisions

Motion to Amend Denied Because Claims Already Had Been Dismissed with Prejudice
Commercial Case Notes / Motion to Dismiss

Motion to Amend Denied Because Claims Already Had Been Dismissed with Prejudice

On November 28, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ja Kao v. Onyx Renewable Partners L.P., 2022 NY Slip Op. 34046(U), denying a motion to amend a claim against a defendant when the claims in the original complaint had been dismissed with prejudice . . . Continue reading Motion to Amend Denied Because Claims Already Had Been Dismissed with Prejudice

Marking a Case Off-Calendar for Counsel’s Failure to Appear Does Not Have the Same Legal Effect as a Default Judgment
Commercial Case Notes / Default Judgment

Marking a Case Off-Calendar for Counsel’s Failure to Appear Does Not Have the Same Legal Effect as a Default Judgment

On November 30, 2022, the Second Department issued a decision in Wells Fargo, N.A. v. Parker, 2022 NY Slip Op. 06831, holding that marking a case off calendar for counsel’s failure to appear does not have the same legal effect as a default judgment . . . Continue reading Marking a Case Off-Calendar for Counsel’s Failure to Appear Does Not Have the Same Legal Effect as a Default Judgment

Claims Based on Alleged Oral Partnership Agreement Dismissed for Lack of Non-Conclusory Allegations of an Agreement to Share Losses
Commercial Case Notes / Partnerships

Claims Based on Alleged Oral Partnership Agreement Dismissed for Lack of Non-Conclusory Allegations of an Agreement to Share Losses

On December 1, 2022, the First Department issued a decision in Velez v. Mitchell, 2022 NY Slip Op. 06877, dismissing claims based on an alleged oral partnership agreement for lack of non-conclusory allegations of an agreement to share losses . . . Continue reading Claims Based on Alleged Oral Partnership Agreement Dismissed for Lack of Non-Conclusory Allegations of an Agreement to Share Losses

Court Sanctions Party for Failure to Provide Discovery, but Refuses to Strike its Pleadings
Commercial Case Notes / Discovery/Disclosure

Court Sanctions Party for Failure to Provide Discovery, but Refuses to Strike its Pleadings

On November 18, 2022, Justice Chan of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Reliable Abstract Co., L.L.C., 2022 NY Slip Op. 33968(U), sanctioning a party for failure to provide discovery but refusing to strike its pleadings . . . Continue reading Court Sanctions Party for Failure to Provide Discovery, but Refuses to Strike its Pleadings

Accounting Malpractice Claim Dismissed for Failure Adequately to Allege Causation
Commercial Case Notes / Professional Malpractice

Accounting Malpractice Claim Dismissed for Failure Adequately to Allege Causation

On November 18, 2022, Justice Cohen issued a decision in Channel Fabrics, Inc. v. Skwiersky, Alpert & Bressler LLP, 2022 NY Slip Op. 33991(U), dismissing an accounting malpractice claims because, among other reasons, the plaintiff failed adequately to allege causation . . . Continue reading Accounting Malpractice Claim Dismissed for Failure Adequately to Allege Causation