Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On February 7, 2023, the First Department issued a decision in United Hay, LLC v. Harounian, 2023 NY Slip Op. 00642, dismissing appeals from non-appealable decisions . . . Continue reading First Department Dismisses Appeals from Non-Appealable Decisions
On February 9, 2023, the First Department issued a decision in Williams v. Citigroup, Inc., 2023 NY Slip Op. 00752, holding that without direct evidence of a conspiracy, a plaintiff must provide evidence that tends to exclude the possibility that the alleged conspirators were acting independently . . . Continue reading Civil Conspiracy Claim Fails Without Direct Evidence or Evidence Excluding the Possibility of Independent Action
On February 9, 2023, the First Department issued a decision in Ralph Lauren Retail, Inc. v. 888 Madison LLC, 2023 NY Slip Op. 00747, upholding a claim for mutual mistake . . . Continue reading Court Upholds Claim for Mutual Mistake
On February 14, 2023, the Court of Appeals issued a decision in State of New York v. Vayu, Inc., 2023 NY Slip Op. 00801, holding that e-mails and phone calls made to New York were a sufficient basis for personal jurisdiction . . . Continue reading E-mails and Phone Calls Made to New York Sufficient Basis for Personal Jurisdiction
On February 9, 2023, the First Department issued a decision in Hua Jun “Coco” Han v. Chen, 2023 NY Slip Op. 00728, affirming the dismissal of claims for failure to offer expert testimony in support of them . . . Continue reading Claims Dismissed for Failure to Offer Expert Testimony
On January 25, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gowanus Park LLC v. KSK Constr. Group LLC, 2023 NY Slip Op. 30253(U), holding that a fraudulent inducement claim that was unrelated to a contract’s arbitration provision was insufficient to avoid the requirement to arbitrate pursuance to that provision . . . Continue reading Fraudulent Inducement Claim Insufficient to Avoid Arbitration
On January 25, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Jiang v. Howe, 2023 NY Slip Op. 30254(U), vacating a default judgment, holding that counsel’s calendaring error was a sufficient excuse for a default . . . Continue reading Counsel’s Calendaring Error Sufficient Excuse for Default
On January 24, 2023, Justice Livote of the Queens County Commercial Division issued a decision in Simply Funding, LLC v. Brainwave Personal Computing, LLC, 2023 NY Slip Op. 30261(U), dismissing a GBL 349 claim because the alleged misconduct was not consumer-oriented . . . Continue reading GBL 349 Claim Dismissed Because Alleged Misconduct Was Not Consumer-Oriented
On February 1, 2023, the Second Department issued a decision in US Bank N.A. v. Okoye-Oyibo, 2023 NY Slip Op. 00457, denying summary judgment of foreclosure because of the failure to prove possession of the note and properly-affixed allonges . . . Continue reading Plaintiff Denied Summary Judgment on Foreclosure Claim Due to Failure to Show Possession of Note and Properly-Affixed Allonge’s
On January 31, 2023, the First Department issued a decision in Clingerman v. Ali, 2023 NY Slip Op. 00390, finding that a court had personal jurisdiction based on an alter ego theory . . . Continue reading Personal Jurisdiction Found Based on Alter Ego Theory
