Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On February 15, 2023, the Second Department issued a decision in R. Vig Props., LLC v. Rahimzada, 2023 NY Slip Op. 00887, holding that in a real estate sales transaction, “once the deed is delivered, its terms are all that survive and the purchaser is barred from prosecuting any claims arising out of the contract” . . . Continue reading Under Merger Doctrine, Transfer of Deed Extinguished Breach of Contract Claim
On February 15, 2023, the Second Department issued a decision in Redbridge Bedford, LLC v. 159 N. 3rd St. Realty Holding Corp., 2023 NY Slip Op. 00889, holding that the court clerk could not include pre-decision interest in a judgment absent a finding by the court regarding the date from which interest should be calculated . . . Continue reading Court Clerk Could not Include Pre-Decision Interest in the Judgment Absent a Finding by the Court Regarding the Date from Which Interest Should be Computed
On February 14, 2023, the First Department issued a decision in Menlo Energy Fla., LLC v. Certain Underwriters at Lloyds London, 2023 NY Slip Op. 00817, holding that an insurance claim was barred because of the insured’s failure to give notice of the claim as soon as practicable . . . Continue reading Insurance Claim Barred By Failure to Give Notice of Claim As Soon As Practicable
On February 14, 2023, the First Department issued a decision in Lazar v. Mor, 2023 NY Slip Op. 00814, holding that a fraud claim was untimely under the two-year discovery rule . . . Continue reading Fraud Claim Untimely Under Two-Tear Discovery Rule
On February 16, 2023, the First Department issued a decision in HAI-2, LLC v. BlackRock Fin. Mgt., Inc., 2023 NY Slip Op. 00928, affirming the quashing of a last-minute subpoena . . . Continue reading Court Rejects Last-Minute Subpoena
On February 14, 2023, the Court of Appeals issued a decision in Hetelekides v. County of Ontario, 2023 NY Slip Op. 00803, reaffirming the constitutionality of in rem foreclosure proceedings . . . Continue reading Court of Appeals Reaffirms Constitutionality of In Rem Foreclosure Proceedings
On January 24, 2023, Justice Chan of the New York County Commercial Division issued a decision in 35 W. Realty Co., LLC v. Booston LLC, 2023 NY Slip Op. 30255(U), holding that the deadman’s statute did not bar testimony that was not offered against a decedent’s estate . . . Continue reading Dead Man’s Statute Does Not Bar Testimony That was not Offered Against a Decedent’s Estate
On February 3, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in USA Med. LLC v LABQ Clinical Diagnostics, LLC, 2023 NY Slip Op 30388(U), holding that a dispute over the authority of a corporate employee to accept process created a question of fact regarding whether the corporation had been properly served . . . Continue reading Dispute Over Authority of Employee to Accept Service Creates Dispute Over Sufficiency of Service
On February 8, 2023, the Second Department issued a decision in ECI Fin. Corp. v. Resurrection Temple of Our Lord, Inc., 2023 NY Slip Op. 00649, holding that a defendant could not recovery money it voluntarily paid the plaintiff . . . Continue reading Defendant Cannot Recovery Money it Voluntarily Paid to Plaintiff
On February 8, 2023, the Second Department issued a decision in Lola Roberts Beauty Salon, Inc. v. Able Motor Cars Corp., 2023 NY Slip Op. 00657, excusing the failure timely to settle an order . . . Continue reading Court Excuses Failure Timely to Settle Order
