Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On March 27, 2023, Justice Crane of the New York County Commercial Division issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2023 NY Slip Op. 30965(U), denying a recusal motion based on an adverse decision . . . Continue reading Court Denies Recusal Motion Based on Adverse Decision
On March 28, 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. 30966(U), dismissing a conspiracy claim as duplicative of an aiding and abetting claim . . . Continue reading Conspiracy Claim Dismissed as Duplicative of Aiding and Abetting Claim
On March 28, 2023, Justice Cohen of the New York County Commercial Division issued a decision in FFS Data Corp. v. The Olb Group, Inc., 2023 NY Slip Op. 30968(U), holding that even though an agreement referred to arbitration, it did not require the parties to arbitrate except in limited circumstances . . . Continue reading Despite Referring to Arbitration, Agreement Did Not Require Parties to Arbitrate Except in Limited Circumstances
On March 29, 2023, the Second Department issued a decision in Blue Lagoon, LLC v. Reisman, 2023 NY Slip Op. 01657, holding that the Governor’s COVID orders tolled the time to respond to a motion for summary judgment in lieu of complaint . . . Continue reading Governor’s COVID Orders Tolled Time to Respond to Motion for Summary Judgment in Lieu of Complaint
On March 29, 2023, the Second Department issued a decision in Nationstar Mtge., LLC v. Warsi, 2023 NY Slip Op. 01683, holding that there is no appeal from an order of judgement entered on default . . . Continue reading No Appeal from an Order or Judgment Entered on Default
On March 30, 2023, the First Department issued a decision in Mazzone v. Alonso, Andalkar & Facher, P.C., 2023 NY Slip Op. 01746, holding that a legal malpractice claim could not be decided on summary judgment because of questions of causation . . . Continue reading Legal Malpractice Claim Must Go to Trial because of Questions Regarding Causation
On March 30, 2023, the First Department issued a decision in Great Lakes Ins. SE v. American S.S. Owners Mut. Protection & Indem. Assn. Inc., 2023 NY Slip Op. 01742, holding that a plaintiff was entitled to equitable tolling based on a defendant’s failure to make disclosures required by an insurance contract . . . Continue reading Plaintiff Entitled to Equitable Tolling Based on Defendant’s Failure to Make Disclosures Required by Insurance Contract
On March 28, 2023, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2023 NY Slip Op. 01654, recognizing an exception to the absolute litigation privilege for threatening to give false testimony . . . Continue reading First Department Recognizes Exception to Absolute Litigation Privilege For Threatening to Give False Testimony
