Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On March 15, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Esposito v. Estate of Casale, 2023 NY Slip Op. 30759(U), dismissing an action for failure to prosecute due to the plaintiff’s inability to justify the lack of activity . . . Continue reading Action Dismissed for Failure to Prosecute
On March 15, 2023, Justice Cohen of the New York County Commercial Division issued a decision in DS 17 W. 24th St. Note Purchaser, LLC v. Hag Guyun Lee, 2023 NY Slip Op. 30771(U), holding that a defendant could not avoid payment of pre-judgment interest . . . Continue reading Defendant Cannot Avoid Payment of Pre-Judgment Interest
On March 17, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Antara Capital Master Fund LP v. Bombardier Inc., 2023 NY Slip Op. 50206(U), holding that a no-action clause barred suit when the plaintiff failed to show that demand under the clause would be futile . . . Continue reading No-Action Clause Bars Suit
On March 23, 2023, the First Department issued a decision in Empery Asset Master, Ltd. v. AIT Therapeutics, Inc., 2023 NY Slip Op. 01585, holding that a plaintiff had met the heavy burden of proving its right to reformation of a contract . . . Continue reading Plaintiff Meets High Burden of Proving Reformation Claim
On March 17, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in Worbes Corp. v. Sebrow, 2023 NY Slip Op. 50205(U), holding that a plaintiff waived its right to demand arbitration by litigating . . . Continue reading Plaintiff Waived Right to Demand Arbitration by Litigating
On March 17, 2023, the Fourth Department issued a decision in Counsel Fin. II LLC v. Bortnick, 2023 NY Slip Op. 01441, holding that a suit on a guaranty could not be made under CPLR 3213 because extrinsic evidence was needed to show the amount owed . . . Continue reading Suit on Guaranty Could Not be Made Under CPLR 3213 Because Extrinsic Evidence Needed to Show Amount Owed
On March 16, 2023, the First Department issued a decision in Florence Capital Advisors, LLC v. Thompson Flanagan & Co., LLC, 2023 NY Slip Op. 01358, holding that an insurance broker can be held liable for negligently failing to obtain coverage . . . Continue reading Broker Can Be Held Liable for Negligently Failing to Obtain Coverage
On March 16, 2023, the First Department issued a decision in Buttar v. Elite Limousine Plus, Inc., 2023 NY Slip Op. 01355, refusing to order plaintiffs to produce tax returns when they had not made a general claim for lost earnings . . . Continue reading Court Refuses to Order Plaintiffs to Produce Tax Returns
On March 14, 2023, the First Department issued a decision in RCM/CMG Portfolio Holding, LLC v. Giordano, 2023 NY Slip Op. 01265, rejecting affidavits filed in support of summary judgment that were inconsistent with earlier deposition testimony . . . Continue reading Court Rejects Affidavits Inconsistent With Earlier Deposition Testimony
On March 14, 2023, the First Department issued a decision in Pope Invs. II LLC v. Belmont Partners, LLC, 2023 NY Slip Op. 01264, affirming the exclusion of expert testimony for failure to provide expert disclosures required by the Commercial Division Rules . . . Continue reading Expert Testimony Excluded for Failure to Provide Expert Disclosures Required by Commercial Division Rules
