Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On January 17, 2023, the First Department issued a decision in Melrose Assoc. L.P. v. Floral Assoc. L.P., 2023 NY Slip Op. 00181, holding that an affidavit is not documentary evidence for purposes of CPLR 3211(a)(1) . . . Continue reading Affidavit is not 3211(a)(1) Documentary Evidence
On January 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Krigsman v. Columbia Capital Auto Fleet Inc., 2023 NY Slip Op. 30069(U), holding the veil piercing claims cannot be based on conclusory allegations of domination . . . Continue reading Veil Piercing Claims Cannot Be Based on Conclusory Allegations of Domination
On January 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 NY Slip Op. 50020(U), holding that doing one transaction in New York does not constitute doing business in New York for the purposes of BCL 1312’s registration requirement . . . Continue reading Doing One Transaction in New York Not Doing Business for Purposes of BCL 1312 Registration Requirement
On January 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Quinn v. GCB Capital, LLC, 2023 NY Slip Op. 50015(U), denying a motion for default judgment for failure to submit either a verified complaint or a sufficient supporting affidavit . . . Continue reading Motion for Default Judgment Denied for Failure to Submit Either Verified Complaint or Supporting Affidavit
On January 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in SPG Capital Partners LLC v. Cascade 553 LLC, 2023 NY Slip Op. 50016(U), holding that a term sheet was not a binding agreement . . . Continue reading Term Sheet Found Not to Be a Binding Agreement
On January 12, 2023, the First Department issued a decision in Kostyatnikov v. HFZ Capital Group LLC, 2023 NY Slip Op. 00176, holding that veil piercing claims do not need to be plead with particularity . . . Continue reading Veil Piercing Claims Need Not be Plead with Particularity
On December 27, 2022, Justice Crane of the New York County Commercial Division issued a decision in Ludwig v. Wilder, 2022 NY Slip Op. 34419(U), denying a prevailing plaintiff an award of attorneys’ fees due to the plaintiff’s failure to document the fees . . . Continue reading Fee Award Denied for Failure to Document Fees
On December 28, 2022, Justice Schecter of the New York County Commercial Division issued a decision in Hall v. Middleton, 2022 NY Slip Op. 34418(U), awarding punitive damages on a breach of fiduciary duty claim . . . Continue reading Court Awards Punitive Damages on Breach of Fiduciary Duty Claim
On January 5, 2023, Justice Reed of the New York County Commercial Division issued a decision in Ankura Trust Co., LLC v. A & L 444 LLC, 2023 NY Slip Op. 50014(U), granting a motion to withdraw as counsel based on non-payment of fees . . . Continue reading Court Grants Motion to Withdraw Based on Failure to Pay Fees
On January 3, 2023, Justice Reed of the New York County Commercial Division issued a decision in Deutsche Bank Sec. Inc. v. 683 Capital Partners LP, 2023 NY Slip Op. 50002(U), granting additional time to serve in the interests of justice despite failure to prove due diligence . . . Continue reading Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence
