Defendant’s Solicitation of Former Employer’s Customers Could be Wrongful if a Continuation of Wrongful Conduct While Defendant was an Employee
Commercial Case Notes / Labor/Employment

Defendant’s Solicitation of Former Employer’s Customers Could be Wrongful if a Continuation of Wrongful Conduct While Defendant was an Employee

On July 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in B N Textile Inc. v. Alhalabi, 2023 NY Slip Op. 32335(U), holding that a defendant’s solicitation of a former employer’s customers could be wrongful if it was a continuation of wrongful conduct while the defendant was an employee . . . Continue reading Defendant’s Solicitation of Former Employer’s Customers Could be Wrongful if a Continuation of Wrongful Conduct While Defendant was an Employee

Use of New York Co-Working Facility Address and Telephone Number Sufficient to Create Jurisdiction in New York
Commercial Case Notes / Personal Jurisdiction

Use of New York Co-Working Facility Address and Telephone Number Sufficient to Create Jurisdiction in New York

On July 6, 2023, Justice Chan of the New York County Commercial Division issued a decision in Propellus, Inc. v. Royal Sovereign Group, 2023 NY Slip Op. 32361(U), holding that use of a New York co-working facility address and phone Number was sufficient to create jurisdiction in New York . . . Continue reading Use of New York Co-Working Facility Address and Telephone Number Sufficient to Create Jurisdiction in New York

Common Law Demand to Inspect Books and Records Cannot Be Used to Obtain Discovery for Use in Litigation
Commercial Case Notes / Corporations / Discovery/Disclosure

Common Law Demand to Inspect Books and Records Cannot Be Used to Obtain Discovery for Use in Litigation

On July 11, 2023, Justice Masley of the New York County Commercial Division issued a decision in Burden v. General Elec. Co., 2023 NY Slip Op. 32365(U), holding that a demand for inspection of books and records made under the common law cannot be used to obtain discovery for use in litigation . . . Continue reading Common Law Demand to Inspect Books and Records Cannot Be Used to Obtain Discovery for Use in Litigation

Breach of a Related Contract Cannot Defeat Motion for Summary Judgment in Lieu of Complaint on Note
Commercial Case Notes / Summary Judgment

Breach of a Related Contract Cannot Defeat Motion for Summary Judgment in Lieu of Complaint on Note

On July 14, 2023, Justice Chan of the New York County Commercial Division issued a decision in Weisberg v. Standard, 2023 NY Slip Op. 32439(U), holding that a breach of a related contract cannot defeat a motion for summary judgment in lieu of complaint . . . Continue reading Breach of a Related Contract Cannot Defeat Motion for Summary Judgment in Lieu of Complaint on Note

Party that Stipulated That a Category of ESI Would Not Be Collected Barred from Later Seeking to Compel its Production
Commercial Case Notes / Discovery/Disclosure

Party that Stipulated That a Category of ESI Would Not Be Collected Barred from Later Seeking to Compel its Production

On July 14, 2023. Justice Reed of the New York County Commercial Division issued a decision in Latin Mkts. Brazil, LLC v. McArdle, 2023 NY Slip Op. 50719(U), holding that a party that stipulated that a category of ESI would not be produced was barred from later seeking to compel its disclosure . . . Continue reading Party that Stipulated That a Category of ESI Would Not Be Collected Barred from Later Seeking to Compel its Production

Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages
Commercial Case Notes / Contracts

Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages

On July 19, 2023, the Second Department issued a decision in FPG CH 94 Amity, LLC v. Pizzarotti, LLC, 2023 NY Slip Op. 03852, holding that a plaintiff was not entitled to summary judgment on a breach of contract claim because there were questions of fact regarding damages . . . Continue reading Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages

Consumer Credit Fairness Act’s Reduction in Limitations Period for Breach of Contract Claims Against Consumers not Retroactive
Commercial Case Notes

Consumer Credit Fairness Act’s Reduction in Limitations Period for Breach of Contract Claims Against Consumers not Retroactive

On June 30, 2023, Justice Chan of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2023 NY Slip Op. 32222(U), holding that the Consumer Credit Fairness Act’s reduction in the limitations period for breach of contract claims against consumers is not retroactive . . . Continue reading Consumer Credit Fairness Act’s Reduction in Limitations Period for Breach of Contract Claims Against Consumers not Retroactive

Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action
Commercial Case Notes / Statute of Limitation/Laches

Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action

On July 19, 2023, the Second Department issued a decision in Sperry Assoc. Fed. Credit Union v. John, 2023 NY Slip Op. 03880, holding that relation back under CPLR 205-a was available for claims dismissed in favor of a prior pending action . . . Continue reading Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action