On April 18, 2023, the First Department issued a decision in Travelers Cas. & Sur. Co. v. Vale Can. Ltd., 2023 NY Slip Op. 01976, holding that New York was not an inconvenient forum even though most events relevant to an action took place outside the US . . .: Continue reading New York Not an Inconvenient Forum Even Though Most Events Took Place Outside the US
On April 11, 2023, the First Department issued a decision in Matter of Hurley v. EB Safe, LLC, 2023 NY Slip Op. 01864, holding that errors of law and fact are not within the scope of judicial review of an arbitral award . . . Continue reading Errors of Law and Fact Not Within Scope of Judicial Review of Arbitral Award
On April 11, 2023, the First Department issued a decision in Cortland St. Recovery Corp. v. Bonderman, 2023 NY Slip Op. 01862, holding that New York was not an inconvenient forum even though most of the events at issue took place overseas . . . Continue reading New York Not an Inconvenient Forum Even Though Most Events Took Place Overseas
On April 11, 2023, the First Department issued a decision in Matter of Vornado 330 W. 34th St., L.L.C. v. 330 W. 34th SPE LLC, 2023 NY Slip Op. 01879, holding that a party had waived the right to challenge an arbitrator for bias . . . . Continue reading Party Waives Right to Challenge Arbitrator for Bias
On April 5, 2023, the Second Department issued a decision in HSBC Bank USA, N.A. v. Hutchinson, 2023 NY Slip Op. 01782, holding that a motion to vacate a default judgment should have been denied because of the failure to explain and justify law office failure . . . Continue reading Motion to Vacate Default Denied for Failure Adequately to Explain and Justify Law Office Failure
On April 5, 2023, the Second Department issued a decision in Philip S. Schwartzman, Inc. v. Pliskin, Rubano, Baum & Vitulli, 2023 NY Slip Op. 01812, affirming the dismissal of a Judiciary Law Section 487 claim for lack of loss causation . . . Continue reading Judiciary Law 487 Claim Fails for Lack of Loss Causation
On April 6, 2023, the First Department issued a decision in Harry Winston, Inc. v. Eclipse Jewelry, Corp., 2023 NY Slip Op. 01840, holding that a court erred by striking a defendant’s answer as a discovery sanction . . . Continue reading Court Erred by Striking Answer as a Discovery Sanction
On March 22, 2023, Justice Crane of the New York County Commercial Division issued a decision in NW Media Holdings Corp. v. IBT Media Inc., 2023 NY Slip Op. 30875(U), holding that accessing and destroying data gives rise to a claim for conversion, not trespass to chattel . . . Continue reading Accessing and Destroying Data Gives Rise to Claim for Conversion, Not Trespass to Chattel
On March 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Stier 109 LLC v. 109 S. 5 Prop. LLC, 2023 NY Slip Op. 30876(U), dismissing a tortious interference claim for failure adequately to allege that the defendant procured the contract’s breach . . . Continue reading Tortious Interference Claim Dismissed for Failure Adequately to Alleged that the Defendant Procured the Contract’s Breach
On March 27, 2023, Justice Chan of the New York County Commercial Division issued a decision in HCC Ins. Holdings, Inc. v. Athenium Analytics LLC, 2023 NY Slip Op. 30943(U), awarding summary judgment in lieu of complaint based on a guaranty . . . Continue reading Court Awards Summary Judgment in Lieu of Complaint Based on Guaranty
