On July 15, 2023, Justice Masley of the New York County Commercial Division issued a decision in DIRECTV, LLC v. Nexstar Broadcasting, Inc., 2023 NY Slip Op. 32446(U), upholding a fraud claim for failure to disclose based on the special facts doctrine . . . Continue reading Court Upholds Fraud Claim for Failure to Disclose Based on Special Facts Doctrine
On July 14, 2023, Justice Chan of the New York County Commercial Division issued a decision in Newage Garden Grove, LLC v. Wells Fargo Bank, N.A., 2023 NY Slip Op. Continue reading Court Rejects Economic Duress Claim
On July 10, 2023, Justice Chan of the New York County Commercial Division issued a decision in Quartix Fin. Inc. v. KSH Brands LLC, 2023 NY Slip Op. 32453(U), denying a motion for summary judgment in lieu of complaint because of its reliance on extrinsic evidence . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Fails Because of Need to Rely on Extrinsic Evidence
On July 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in EPMMNY LLC v. NY CANNA LLC, 2023 NY Slip Op. 32455(U), refusing to consider legal arguments made in a supporting affidavit . . . Continue reading Court Rejects Legal Argument Made in Supporting Affidavit
On July 21, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Barons Media, LLC v. Shapiro Legal Group, PLLC, 2023 NY Slip Op. 32469(U), awarding a non-party costs, including attorney review time, of responding to a non-party subpoena . . . Continue reading Non-Party May Recover Costs, Including Attorney Review Time, of Responding to Non-Party Subpoenas
On July 24, 2023, Justice Chan of the New York County Commercial Division issued a decision in Invesco Group Servs., Inc. v. AST Fund Solutions, LLC, 2023 NY Slip Op. 32538(U), refusing to dismiss claims based on an account stated defense because of allegations of fraud . . . Continue reading Account Stated Defense Fails in Light of Allegations of Fraud
On July 25, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Snow v. Besen Capital, LLC, 2023 NY Slip Op. 32553(U), holding that a plaintiff had failed to meet the high burden of alleging corporate predecessor liability . . . Continue reading Plaintiff Fails to Meet High Burden of Alleging Corporate Predecessor Liability
On July 25, 2023, Justice Reed of the New York County Commercial Division issued a decision in Jun Gao v. Coconut Beach/Haw., LLC, 2023 NY Slip Op. 50763(U), allowing service by e-mail . . . Continue reading Court Allows Service by E-mail
On July 21, 2023, Justice Reed of the New York County Commercial Division issued a decision in Merchant Factors Corp. v. Crush Apparel & Accessories Inc., 2023 NY Slip Op. 50755(U), holding that an aiding and abetting fraud claim failed because it was not pled with particularity . . . Continue reading Aid and Abetting Fraud Claim Fails Because Not Pled with Particularity
On July 26, 2023, the Second Department issued a decision in Kingston Check Cashing Corp. v. Nussbaum Yates Berg Klein & Wolpow, LLP, 2023 NY Slip Op. 03913, holding that the attorney-witness rule applies only when counsel’s testimony is necessary, not just useful, to the moving party’s case . . . Continue reading Attorney-Witness Rule Applies Only if Counsel’s Testimony is Necessary, Not Just Useful, to the Moving Party’s Case
