On August 16, 2023, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Campbell, 2023 NY Slip Op. 04303, holding that the trial court erred in dismissing an action for failure to prosecute sua sponte . . . Continue reading Court Erred in Dismissing Action for Failure to Prosecute
A question that we are occasionally asked concerns attorneys as whistleblowers. It’s a reasonable question—who is better positioned to know whether their employer (for in-house counsel) or client (external counsel) Continue reading Can a Lawyer be a Whistleblower?
On August 16, 2023, the Second Department issued a decision in Whelan v. Busiello, 2023 NY Slip Op. 04334, holding that a notice of pendency was improper because it did not relate to the possession, use or enjoyment of, real property . . . Continue reading Notice of Pendency Improper if it Does Not Apply to the Possession, Use or Enjoyment of Real Property
On August 9, 2023, Justice Borrok of the New York County Commercial Division issued a decision in NFGTV, Inc. v. Lutz & Carr Certified Pub. Accountants, LLP, 2023 NY Slip Op. 50849(U), granting summary judgement on an accounting malpractice claim without expert evidence based on the defendant’s prior conduct . . . Continue reading Court Grants Judgment on Malpractice Claim Without Expert Evidence Based on Defendant’s Prior Conduct
On August 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Shakur v. Fullerton, 2023 NY Slip Op. 32795(U), holding that when the interest rate on a note is described differently in words and numerals, the words control . . . Continue reading When the Interest Rate on Note is Described Differently in Words and Numerals, the Words Control
On August 3, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lapin v. Verner, 2023 NY Slip Op. 32726(U), dismissing a fraud claim for failure specifically to allege misrepresentations by the defendant . . . Continue reading Fraud Claim Dismissed for Failure Specifically to Allege Misrepresentations by the Defendant
On July 24, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Albano v. Meir Transp., 2023 NY Slip Op. 32728(U), dismissing an action for failure to prosecute . . . Continue reading Action Dismissed for Failure to Justify Failure to Prosecute
On August 4, 2023, Justice Chan of the New York County Commercial Division issued a decision in Restaurant Zone LLC v. Myers, 2023 NY Slip Op. 32751(U), holding that a state court can hear federal Defend Trade Secrets Act claims . . . Continue reading State Court Can Hear Federal Defend Trade Secrets Act Claims
On August 7, 2023, Justice Reed of the New York County Commercial Division issued a decision in Cedar Capital Mgt. Group Inc. v. Lillie, 2023 NY Slip Op. 50831(U), dismissing an aiding and abetting fraud claim for failure to plead actual knowledge of, or substantial assistance to, the fraud with particularity . . . Continue reading Aiding and Abetting Fraud Claim Dismissed for Failure to Plead Actual Knowledge or Substantial Assistance With Particularity
On August 4, 2023, Justice Reed of the New York County Commercial Division issued a decision in West 87 LP v. Paul Hastings LLP, 2023 NY Slip Op. 50821(U), holding that the common interest privileged shielded documents shown to third-parties from production . . . Continue reading Documents Shielded From Production by Common Interest Privilege
