Common Law Books and Records Claim Survives Despite Failure Properly to Bring Statutory Claim
Commercial Case Notes / Corporations

Common Law Books and Records Claim Survives Despite Failure Properly to Bring Statutory Claim

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

Bare Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service
Commercial Case Notes / Service of Process

Bare Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service

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

Contract Not Repudiated Absent Positive and Unequivocal Expression of Intent not to Perform
Commercial Case Notes / Contracts

Contract Not Repudiated Absent Positive and Unequivocal Expression of Intent not to Perform

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

That Privileged Communication Contains Relevant Information does not Place Contents at Issue
Commercial Case Notes / Privilege/Work Product

That Privileged Communication Contains Relevant Information does not Place Contents at Issue

On April 27, 2023, the First Department issued a decision in Talos Capital Designated Activity Co. v. 257 Church Holdings LLC, 2023 NY Slip Op. 02196, holding that a privileged communication may contain information relevant to the issues being litigated, does not, without more, place the contents of the privileged communication itself at issue . . . Continue reading That Privileged Communication Contains Relevant Information does not Place Contents at Issue