On May 10, 2023, the Second Department issued a decision in Star Auto Sales of Queens, LLC v. Filardo, 2023 NY Slip Op. 02552, holding that the remedy for overbroad discovery demands is vacating the demands, not trimming them . . . Continue reading Remedy for Overbroad Discovery Demands is Vacating the Demand, Not Trimming it
On May 10, 2023, the Second Department issued a decision in Y.B. Assoc. Group, LLC v. Rubin, 2023 NY Slip Op. 02558, holding that an LLC member was not liable for an LLC’s obligations under an agreement the member had signed on behalf of the LLC . . . Continue reading LLC Member not Liable for LLC’s Obligations Under Agreement Member Signed on Behalf of LLC
On May 9, 2023, the First Department issued a decision in Alvarez & Marshal Valuation Servs., LLC v. Solar Eclipse Inv. Fund III, LLC, 2023 NY Slip Op. 02449, holding that a forum selection clause choosing New York’s federal courts does not create jurisdiction in the New York state courts . . . Continue reading Forum Selection Clause Choosing New York Federal Courts Does Not Create Jurisdiction in New York State Courts
On May 9, 2023, the First Department issued a decision in Arena Invs., L.P. v. DCK Worldwide Holding Inc., 2023 NY Slip Op. 02476, holding that a party to a contract can still be liable for tortious interference with that contract if it had no contractual duties to the plaintiff . . . Continue reading Party to Contract Can Still be Liable for Tortious Interference if it Had No Duties to the Plaintiff
On May 9, 2023, the First Department issued a decision in PJSC Natl. Bank Trust v. Pirogova, 2023 NY Slip Op. 02469, holding that a trial court did not abuse its discretion in deciding an issue of foreign law without expert evidence . . . Continue reading Court Did Not Abuse Discretion in Deciding Issue of Foreign Law Without Expert Evidence
On May 2, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in Surgical Specialists of Greater N.Y. v. Aetna, Inc., 2023 NY Slip Op. 31479(U), holding that the question of the authority of the person who signed an agreement on behalf of a medical practice is, under the AAA rules, for the arbitrator to determine . . . Continue reading Question of Whether Signer Had Authority to Sign on Behalf of Medical Practice is, Under AAA Rules, for Arbitrator to Determine
On May 3, 2023, the Second Department issued a decision in Trovato v. Galaxy Sanitation Servs. of N.Y., Inc., 2023 NY Slip Op. 02348, dismissing an appeal for failure to submit an adequate record . . . Continue reading Appeal Dismissed for Failure to Submit Adequate Record
On May 4, 2023, the First Department issued a decision in MRE Tech. Solutions LLC v. Smiths Detection, Inc., 2023 NY Slip Op. 02387, holding that refusing to negotiate was an insufficient basis for equitable estoppel . . . Continue reading Refusing to Negotiate Insufficient Basis for Equitable Estoppel
On May 4, 2023, the First Department issued a decision in Mah v. 40-44 W. 120th St. Assoc. LLC, 2023 NY Slip Op. 02382, holding that a party lost the right to appeal an issue by abandoning an earlier appeal raising the same issue . . . Continue reading Party Loses Right to Appeal by Abandoning an Earlier Appeal Raising the Same Issue
On May 4, 2023, the First Department issued a decision in 180 Life Sciences Corp. v. Tyche Capital LLC, 2023 NY Slip Op. 02376, holding that an undertaking did not need to be increased just because the defendant’s stock price dropped . . . Continue reading Undertaking Need Not be Increased Because of Drop in Defendant’s Stock Price
