On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in 318 W. 15th St. Apt. Corp. v. 320 W 15 LLC, 2023 NY Slip Op. 33468(U), rejecting an application for fees on fees . . . Continue reading Court Denies Request for an Award of Attorneys’ Fees Based on the Work Done to Submit a Fee Application
On October 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in ACP Hous. Assoc., L.P. v. ABJ Milano, LLC, 2023 NY Slip Op. 33469(U), holding that a claim for mutual mistake failed because, among reasons, of the delay in raising the issue . . . Continue reading Claim Based on Mutual Mistake Fails Because, Among Other Reasons, of Delay in Raising Dispute
On October 3, 2023, Justice Crane of the New York County Commercial Division issued a decision in Seymour v. Hovnanian, 2023 NY Slip Op. 33433(U), holding that the Judiciary Law does not entitle an attorney suing to enforce a charging lien to fees . . . Continue reading Judiciary Law Does Not Entitle Attorney Suing to Enforce a Charging Lien to Fees
On October 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Braddock v. Shwarts, 2023 NY Slip Op. 51050(U), dismissing a claim for failure adequately to allege standing to bring a claim based on the assignment of claims . . . Continue reading Claim Dismissed for Failure Adequately to Allege Standing Based on Assignment of Claims
Over the last several months, we have been working behind the scenes to put together a database of final award orders issued by the SEC and CFTC. While the project Continue reading Lundin PLLC’s Whistleblower Write-Up Now Includes a Database of SEC and CFTC Awards
On October 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Arena Special Opportunities Fund, LLC v. McDermott, 2023 NY Slip Op. 51052(U), dismissing an action for lack of personal jurisdiction based on, among other things, the plaintiff’s failure adequately to document defendant’s counsel acceptance of service . . . Continue reading Action Dismissed for Failure Adequately to Document Defendant’s Counsel’s Acceptance of Service
On October 10, 2023, the First Department issued a decision in Shabtai v. HFZ Capital Group, LLC, 2023 NY Slip Op. 05109, holding that the failure to update the address for service of process is not a sufficient excuse for failing to answer a complaint . . . Continue reading Failure to Update Agent for Service Address No Excuse for Default
On October 3, 2023, Justice Crane of the New York County Commercial Division issued a decision in Fuks v. Rakia Assoc., 2023 NY Slip Op. 33400(U), cutting a fee award in half because of inefficiencies, overlitigation, excessiveness, duplicative efforts and work, and excessive block-billing . . . Continue reading Fee Award Cut in Half Because of Inefficiencies, Overlitigation, Excessiveness, Duplicative Work and Block Billing
On September 30, 2023, Justice Masley of the New York County Commercial Division issued a decision in Board of Mgrs. of 11 Beach St. Condominium v. HFZ 11 Beach St. LLC, 2023 NY Slip Op. 33419(U), holding that on a motion dismiss, the defendant bears the initial burden of making a prima facie showing of a lack of standing . . . Continue reading On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing
On October 6, 2023, the Fourth Department issued a decision in CHS, Inc. v. Land O’Lakes Purina Feed, LLC, 2023 NY Slip Op. 05071, holding that a proposed amendment related back to the original pleading when the amendment related to the same facts and occurrence as the original claims . . . Continue reading Proposed Amendment Relates Back to Original Pleading if it Relates to the Same Facts and Occurrences
