On August 9, 2023, the Second Department issued a decision in Gold v. 22 St. Felix, LLC, 2023 NY Slip Op. 04194, holding that corporate officers may be held liable for torts committed in the course of their duties . . . Continue reading Corporate Officers May be Held Liable for Torts Committed in the Course of Their Duties
On August 9, 2023, the Second Department issued a decision in Statharos v. Statharos, 2023 NY Slip Op. 04226, holding that when a breach of fiduciary claim is based on fraud, the statute of limitation is that of fraud . . . Continue reading When Breach of Fiduciary Duty Claim is Based on Fraud, The Statute of Limitations is That of Fraud
On August 9, 2023, the Second Department issued a decision in Wells Fargo Bank N.A. v. Carney, 2023 NY Slip Op. 04231, holding that a person who signed a mortgage is a borrower for purposes of RPAPL 1304 notice even if they did not sign the related note . . . Continue reading Person Who Signed Mortgage Is Borrower for Purposes of RPAPL 1304 Notice Even if They Did Not Sign the Related Note
On August 11, 2023, the Fourth Department issued a decision in Hausrath Landscape Maintenance, Inc. v. Caravan Facilities Mgt., LLC, 2023 NY Slip Op. 04289, holding that a defendant was liable for providing an untimely notice of contract termination . . . Continue reading Defendant Liable for Untimely Notice of Termination of Contract
On July 27, 2023, Justice Crane of the New York County Commercial Division issued a decision in GLD Legacy Holdings, LLC v. Legacy Educ. Alliance, Inc., 2023 NY Slip Op. 32601(U), holding that a party cannot assert a standing defense in an action to collect on a note when it agreed to waive all defenses . . . Continue reading Party Cannot Assert Standing Defense on Note When it Agreed to Waive All Defenses
On July 31, 2023, Justice Reed of the New York County Commercial Division issued a decision in Clingerman v. Ali, 2023 NY Slip Op. 23237, holding that a dissolved corporation can still be sued and defend itself . . . Continue reading Dissolved Corporation Can Still be Sued and Defend Itself
On July 28, 2023, the Fourth Department issued a decision in Greco v. Syracuse ASC, LLC, 2023 NY Slip Op. 03987, holding that a plaintiff asserting claims arising from a data breach lacked standing because of the lack of allegations of damage resulting from the breach . . . Continue reading Claim Arising Data Breach Dismissed for Lack of Allegations of Actual Injury Resulting from the Breach
On July 28, 2023, the Fourth Department issued a decision in Matter of Witkowski v. HS 570, Inc., 2023 NY Slip Op. 04019, holding that a motion to dismiss in favor of a prior pending action should have been dismissed because of differences between the actions . . . Continue reading Motion to Dismiss in Favor of Prior Pending Action Denied Because of Differences Between Actions
On July 28, 2023, the Fourth Department issued a decision in Dan’s Hauling & Demo, Inc. v. GMMM Hickling, LLC, 2023 NY Slip Op. 04026, holding that the failure to post an undertaking justified vacating an injunction . . . Continue reading Failure to Post Undertaking Justifies Vacating Injunction
On July 28, 2023, the Fourth Department issued a decision in Milherst Constr., Inc. v. Natale Bldg. Corp., 2023 NY Slip Op. 04051, holding that a question of fact regarding whether extra work was covered by a contract precluded dismissal of an unjust enrichment claim . . . Continue reading Question of Fact Regarding Whether Work Was Covered by Contract Precluded Dismissal of Unjust Enrichment Claim
