On April 17, 2023, Justice Chan of the New York County Commercial Division issued a decision in Millennium Consol. Holdings, LLC v. Bluefin Capital Mgt., LLC, 2023 NY Slip Op. 31271(U), upholding a tortious interference with contract claim based on a non-compete provision . . . Continue reading Tortious Interference with Contract Claim Based on Non-Compete Provision Upheld
On April 12, 2023, Justice Chan of the New York County Commercial Division issued a decision in Hafeez v. American Express Co., 2023 NY Slip Op. 31273(U), upholding a common law claim to inspect a corporation’s books and records despite the plaintiff’s failure properly to bring a statutory action to inspect books and records . . . Continue reading Common Law Books and Records Claim Survives Despite Failure Properly to Bring Statutory Claim
On April 19, 2023, Justice Ruchelsman of the Kings County Supreme Court issued a decision in Jiang v. Howe, 2023 NY Slip Op. 31304(U), holding that the Statute of Frauds barred a contract claim relating to a real estate investment . . . Continue reading Statute of Frauds Bars Claim Regarding Real Estate Investment
On April 20, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Atlantic Specialty Ins. Co. v. Landmark Unlimited, Inc., 2023 NY Slip Op. 31308(U), declining to dismiss a claim for prima facie tort . . . Continue reading Court Declines to Dismiss Claim for Prima Facie Tort
On April 24, 2023, Justice Crane of the New York County Commercial Division issued a decision in Ashekian v. Cresco Labs LLC, 2023 NY Slip Op. 31347(U), holding that a claim for mutual mistake cannot be based on incorrect assumptions regarding future events . . . Continue reading Claim for Mutual Mistake Cannot be Based on Incorrect Assumptions Regarding Future Events
On April 26, 2023, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enters., LP, 2023 NY Slip Op. 02094, barring a second motion for summary judgment . . . Continue reading Summary Judgment Motion Barred by Single Motion Rule
On April 26, 2023, the Second Department issued a decision in Bono v. Stim & Warmuth, P.C., 2023 NY Slip Op. 02099, holding that a criminal usury defense does not apply if the excessive rate applies only after default . . . Continue reading Criminal Usury Defense Does Not Exist if Excessive Rate Applies Only After Default
On April 26, 2023, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Catalano, 2023 NY Slip Op. 02139, holding that a bare denial of receipt of service was insufficient to overcome the presumptive validity of an affidavit of service . . . Continue reading Bare Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service
On April 25, 2023, the First Department issued a decision in Vigilant Ins. Co. v. MF Global Fin. USA Inc., 2023 NY Slip Op. 02088, holding that a bankruptcy did not toll the accrual of statutory prejudgment interest . . . Continue reading Bankruptcy Did Not Toll Accrual of Statutory Prejudgment Interest
On April 25, 2023, the First Department issued a decision in Lee v. Whayoun Jun, 2023 NY Slip Op. 02080, holding that plaintiffs did not repudiate a contract because they did not positively and unequivocally express an intent not to perform their obligations . . . Continue reading Contract Not Repudiated Absent Positive and Unequivocal Expression of Intent not to Perform
