On April 19, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in 798 Tremont Holding LLC v. Wefile LLC, 2023 NY Slip Op. 50352(U), holding that a breach of contract claim barred an unjust enrichment claim on the same subject . . . Continue reading Contract Claim Bars Unjust Enrichment Claim on Same Subject
On April 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in Lebedev v. Blavatnik, 2023 NY Slip Op. 31183(U), holding that a plaintiff did not waive the right to a jury by seeking an accounting . . . Continue reading Plaintiff Did Not Waive Jury Trial by Seeking Accounting
On April 18, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Triad Holding Co., LLC v. Triad Consulting Engrs. Holdings, Inc., 2023 NY Slip Op. 31231(U), holding that the economic interest privilege barred a tortious interference claim . . . Continue reading Tortious Interference Claim Barred by Economic Interest Privilege
On April 17, 2023, Justice Crane of the New York County Commercial Division issued a decision in Lantern Endowment Partners, LP v. Bluefin Servicing Ltd., 2023 NY Slip Op. 31240(U), holding that the failure timely to the form of an information subpoena waived any objections to the subpoena . . . Continue reading Failure Timely to Object to Form of Information Subpoena Waived Objections
On April 10, 2023, Justice Chan of the New York County Commercial Division issued a decision in Prime Props. (USA) LLC v. Kefalas, 2023 NY Slip Op. 31203(U), holding that a professional acting within the scope of his or her duties could not be liable for aiding and abetting a breach of fiduciary duty . . . Continue reading Professional Acting Within Scope of Duties Not Liable for Aiding and Abetting
On April 11, 2023, Justice Crane of the New York County Commercial Division issued a decision in Pragad v. Davis, 2023 NY Slip Op. 31209(U), dismissing a claim for conspiracy as duplicative of a claim for aiding and abetting . . . Continue reading Claim for Conspiracy Dismissed as Duplicative of Claim for Aiding and Abetting
On April 12, 2023, Justice Crane of the New York County Commercial Division issued a decision in Pragad v. Davis, 2023 NY Slip Op. 31210(U), declining to dismiss in favor of a prior pending action because the actions were not substantially identical . . . Continue reading Dismissal in Favor of a Prior Pending Action Denied Because the Actions Not Substantially Identical
On April 19, 2023, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Williams, 2023 NY Slip Op. 01982, holding the denial of receipt of service was insufficient to overcome the presumptive validity of an affidavit of service . . . Continue reading Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service
On April 19, 2023, the Second Department issued a decision in Parker Waichman, LLP v. Mauro, 2023 NY Slip Op. 02014, holding that the faithless servant doctrine does not prevent an employee from preparing to leave her employer . . . Continue reading Faithless Servant Doctrine Does Not Prevent Employee From Preparing to Leave Employer
On April 20, 2023, the First Department issued a decision in G & Y Maintenance Corp. v. Core Cont. Constr. LLC, 2023 NY Slip Op. 02061, holding that domination, without more, was an insufficient basis to pierce the corporate veil . . . Continue reading Domination, Without More, Insufficient Basis to Pierce the Corporate Veil
