On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Arbor-Myrtle Beach PE LLC v. Frydman, 2023 NY Slip Op. 50712(U), rejecting a request for a reduction of a fee award because of block billing . . . Continue reading Court Rejects Reduction of Fees Because of Block Billing
On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Mehra v. Morrison Cohen LLP, 2023 NY Slip Op. 50714(U), holding that a defendant was entitled to unredacted invoices supporting a claim for damages based on attorneys’ fees . . . Continue reading Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees
On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Youyi Chen v. 215 Chrystie Venture, LLC, 2023 NY Slip Op. 50716(U), holding that a promoter has a duty to disclose material facts . . . Continue reading Promoter Has Duty to Disclose Material Facts
On July 12, 2023, Justice Reed of the New York County Commercial Division issued a decision in Kiehl v. Cavicchio, 2023 NY Slip Op. 50706(U), dismissing claims based on an alleged oral partnership agreement for lack of allegations of an agreement to share losses . . . Continue reading Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses
On July 13, 2023, the First Department issued a decision in Iberdrola Energy Projects v. MUFG Union Bank, N.A., 2023 NY Slip Op. 03841, holding that a plaintiff was not required to plead the inapplicability of an affirmative defense to an aiding and abetting and conspiracy claim . . . Continue reading Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim
On July 7, 2023, Justice Reed of the New York County Commercial Division issued a decision in Quinn v. GCB Capital, LLC, 2023 NY Slip Op. 50674(U), holding that an unjust enrichment claim failed for lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant
On June 29, 2023, Justice Chan of the New York County Commercial Division issued a decision in Emigrant Bus. Credit Corp. v. Hanratty, 2023 NY Slip Op. 32156(U), holding that a fraudulent inducement claim based on statements of present fact was not duplicative of a breach of contract claim . . . Continue reading Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim
On July 5, 2023, the Second Department issued a decision in Peet’s Coffee & Tea HoldCo, Inc. v. North Am. Elite Ins. Co., 2023 NY Slip Op. 03703, holding that a motion to change venue fails when the venue chosen by the plaintiff is permissible . . . Continue reading Motion to Change Venue Fails Where Venue Chosen by Plaintiff is Permissible
On June 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, 2023 NY Slip Op. 32097(U), holding that a party’s participation in an arbitration by selecting an arbitrator waived its objection to it . . . Continue reading Party’s Participation in Arbitrator Selection Waived Objections to It
On June 23, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Panzer v. Epstein, 2023 NY Slip Op. 32099(U), holding that arbitrators’ decision not to grant a requested adjournment was not grounds for vacating an arbitral award . . . Continue reading Arbitrators’ Failure to Grant Requested Adjournment Not Grounds for Vacating Award
