On December 19, 2023, Justice Chan of the New York County Commercial Division issued a decision in Millennium Consolidated Holdings, LLC v. Bluefin Capital Mgt., LLC, 2023 NY Slip Op. 34466(U), rejecting a subpoena as a fishing expedition . . . Continue reading Court Rejects Subpoena as Fishing Expedition
On December 8, 2023, Justice Knipel of the Kings County Commercial Division issued a decision in Mawere v. Landau, 2023 NY Slip Op. 34446(U), holding that the law of the case barred a legal malpractice claim . . . Continue reading Law of the Case Barred Malpractice Claim
On December 15, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Boston Beer Corp. v. Boening Bros., Inc., 2023 NY Slip Op. 34428(U), upholding a tortious interference with contract claim based on allegations that the defendant intentionally procured the breach . . . Continue reading Tortious Interference Claim Upheld Based on Allegations that the Defendant Intentionally Procured the Breach
On December 12, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in South Beach Tristar 800 LLC v. Lincoln Arts ERFR LLC, 2023 NY Slip Op. 34425(U), holding that a foreign LLC’s failure to register before bringing an action in New York was a curable defect . . . Continue reading Foreign LLC’s Failure to Register Before Bring an Action in New York is a Curable Defect
On December 12, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Su Hwa Chu v. Lai, 2023 NY Slip Op. 34408(U), holding that a referee had the authority to reject the highest bid at a judicial sale . . . Continue reading Referee Had Authority to Reject Highest Bid at Judicial Sale
On December 7, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in BH Sterling Realty LLC v. Longoria, 2023 NY Slip Op. 34277(U), holding that a notice of pendency does not provide sufficient notice of a competing interest in real estate . . . Continue reading Notice of Pendency Insufficient Notice of Ownership Claim
On December 22, 2023, the Fourth Department issued a decision in 2006905 Ontario Inc. v. Goodrich Aerospace Can., Ltd., 2023 NY Slip Op. 06681, holding that a negligent misrepresentation claim failed for lack of a special relationship between the parties . . . Continue reading Negligent Misrepresentation Claim Fails for Lack of Special Relationship
On December 20, 2023, the Second Department issued a decision in Rosario v. Cummins, 2023 NY Slip Op. 06547, holding that the trial court erred in dismissing a case for failure to file a Note of Issue because the procedural requisites were not met . . . Continue reading Court Erred in Dismissing Case for Failure to File Note of Issue Because Procedural Requisites Not Met
On December 19, 2023, the First Department issued a decision in Channel Fabrics, Inc. v. Skwiersky, Alpert & Bressler LLP, 2023 NY Slip Op. 06471, holding that an accounting malpractice claim failed because of the limited scope of the accountants’ engagement . . . Continue reading Accounting Malpractice Claim Fails Because of Limited Scope of Accountants’ Engagement
On December 3, 2023, Justice Masley of the New York County Commercial Division issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt Vr Ltd., 2023 NY Slip Op. 34245(U), refusing to enforce a subpoena that was not served in conformance with the Uniform Interstate Deposition and Discovery Act . . . Continue reading Subpoena Unenforceable for Failure to Comply with the Uniform Interstate Deposition and Discovery Act
