Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment
Commercial Case Notes / Contracts

Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment

On October 26, 2023, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in AJ Equity Group LLC v. Office Connection, Inc., 2023 NY Slip Op. 51157(U), holding that defendant’s mere denial that she e-signed an agreement is an insufficient basis to dismiss claims related to the agreement . . . Continue reading Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment

Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence
Commercial Case Notes / Contracts / Summary Judgment

Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence

On October 31, 2023, the First Department issued a decision in Cicardo Natl., Inc. v. Loeb, 2023 NY Slip Op. 05465, upholding the dismissal of a claim based on an oral contract when there was no corroborating documentary evidence of that contract . . . Continue reading Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence

Complaint Dismissed Because of Plaintiff’s Refusal to Testify After Invoking Fifth Amendment Rights
Commercial Case Notes / Discovery/Disclosure

Complaint Dismissed Because of Plaintiff’s Refusal to Testify After Invoking Fifth Amendment Rights

On November 2, 2023, the First Department issued a decision in Small v. DMRJ Group LLC, 2023 NY Slip Op. 05551, holding that a complaint could be dismissed because of the plaintiff’s refusal to testify after invoking his Fifth Amendment rights . . . Continue reading Complaint Dismissed Because of Plaintiff’s Refusal to Testify After Invoking Fifth Amendment Rights

PSLRA Stay Applies to Suits in State Court, But Does Not Extend to Appeals of Unsuccessful Motions to Dismiss
Commercial Case Notes / Securities

PSLRA Stay Applies to Suits in State Court, But Does Not Extend to Appeals of Unsuccessful Motions to Dismiss

On November 2, 2023, the First Department issued a decision in Camelot Event Driven Fund v. Morgan Stanley & Co. LLC, 2023 NY Slip Op. 05534, holding that a PSLRA stay applies in state court, but does not extend to appeals of unsuccessful motions to dismiss . . . Continue reading PSLRA Stay Applies to Suits in State Court, But Does Not Extend to Appeals of Unsuccessful Motions to Dismiss

Plaintiff Cannot Make a Claim for Setoff or Recoupment, Even if Framed as a Claim for Declaratory Judgment
Commercial Case Notes / Declaratory Judgment / Setoff/Recoupment

Plaintiff Cannot Make a Claim for Setoff or Recoupment, Even if Framed as a Claim for Declaratory Judgment

On October 11, 2023, Justice Chan of the New York County Commercial Division issued a decision in BT Supplies W., Inc. v. Brookline, LLC, 2023 NY Slip Op. 33713(U), holding that a plaintiff cannot make a claim for setoff or recoupment, even if framed as a claim for declaratory judgment . . . Continue reading Plaintiff Cannot Make a Claim for Setoff or Recoupment, Even if Framed as a Claim for Declaratory Judgment