Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On February 2, 2023, the First Department issued a decision in Bldg 44 Devs. LLC v. Pace Cos. N.Y., LLC, 2023 NY Slip Op. 00483, holding that a company that used an unregistered business name had standing to bring claims . . . Continue reading Company That Used Unregistered Business Name Had Standing to Bring Claims
On February 2, 2023, the First Department issued a decision in Andes Petroleum Ecuador Ltd. v. Occidental Petroleum Co., 2023 NY Slip Op. 00481, holding that under New York’s borrowing statute, if the foreign jurisdiction does not have the same claim as New York, the court must use the foreign cause of action most closely analogous to the New York cause of action . . . Continue reading Under Borrowing Statute, if Foreign Jurisdiction Does Not Have Same Claim as New York, Court Must Use Cause of Action Most Analogous to New York Cause of Action
On January 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in MacArthur v. Doeblin, 2023 NY Slip Op. 30182(U), holding that a director can be liable for waste even in the absence of negligence or personal benefit . . . Continue reading Director Can Be Liable for Waste Even in the Absence of Negligence or Personal Benefit
On January 10, 2023, Justice Masley of the New York County Commercial Division issued a decision in Q3 Inv. Recovery Veh., LLC v. McEvoy, 2023 NY Slip Op. 30184(U), holding that a bank did not have a duty to protect non-customers from the bank’s customer . . . Continue reading Bank Does Not Have Duty to Protect Non-Customers from the Bank’s Customers
On January 22, 2023, Justice Crane of the New York County Commercial Division issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2023 NY Slip Op. 30221(U), holding that a prevailing party was entitled to an attorneys’ fees award, but was not entitled to prejudgment interest on the award . . . Continue reading Prevailing Party Not Entitled to Pre-Judgment Interest on Award of Attorney’s Fees
On January 25, 2023, Justice Reed of the New York County Commercial Division issued a decision in 259 E Broadway LLC v. 259 E. Broadway Assoc., LLC, 2023 NY Slip Op 50061(U), holding that an improperly-served notice of termination of a lease was ineffective . . . Continue reading Improperly-Served Notice of Lease Termination Ineffective
On January 24, 2023, the First Department issued a decision in Cullity v. Posner, 2023 NY Slip Op. 00263, holding that the parties were bound by an oral contract . . . Continue reading Parties Bound by Oral Contract
On January 26, 2023, the First Department issued a decision in Needham & Co., LLC v. UPHealth Holdings, Inc., 2023 NY Slip Op. 00376, holding that an agreement did not include the duty to indemnify the plaintiff’s attorneys’ fees because that duty was not set forth in unmistakably clear language . . . Continue reading No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard
