On September 28, 2023, the First Department issued a decision in Ringel v. Ringel, 2023 NY Slip Op. 04831, holding that a trial court erred in dismissing a claim sua sponte, without giving the plaintiff an opportunity to respond . . . Continue reading Court Erred in Dismissing Claim Sua Sponte Without Giving Party a Chance to Respond
On September 26, 2023, the First Department issued a decision in AOG, LLC v. Kind Operations Inc., 2023 NY Slip Op. 04710, holding that a recoupment defense should have been dismissed for lack of a contractual duty to make the payments to be recouped . . . Continue reading Recoupment Defense Fails for Lack of Contractual Duty to Make Payments to be Recouped
On September 14, 2023, Justice Schecter of the New York County Commercial Division issued a decision in Marconi v. Gates Capital Corp., 2023 NY Slip Op. 33197(U), dismissing a legal malpractice claim on summary judgment for lack of facts showing that the defendants’ alleged malpractice damaged the plaintiff . . . Continue reading Legal Malpractice Claim Fails for Lack of Evidence of Causation
