On January 18, 2024, the First Department issued a decision in CMB Export Infrastructure Inv. Group 48, LP v. Motcomb Estates, Ltd., 2024 NY Slip Op. 00223, holding that an injunction was not justified to prevent only money damages . . . Continue reading Injunction Not Justified to Prevent Only Harm Compensable With Money Damages
On January 2, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2024 NY Slip Op. 30101(U), ordering the plaintiff and defendant to share the cost of ESI production . . . Continue reading Court Orders Plaintiff and Defendant to Share ESI Production Costs
On January 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2024 NY Slip Op. 30050(U), dismissing a claim based on an alleged joint venture for lack of allegations regarding sharing profits and losses . . . Continue reading Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses
Last Wednesday, the US Attorney’s Office for the Southern District of New York (“SDNY”) announced the launch of a whistleblower pilot program, designed to proactively uncover criminal conduct in the Continue reading SDNY Whistleblower Pilot Program
On December 14, 2023, Justice Murphy of the Nassau County Commercial Division issued a decision in Parizat v. Meron, 2023 NY Slip Op. 34587(U), ordering the production of tax returns despite the heavy burden of justifying their production . . . Continue reading Court Orders Production of Tax Returns Despite Heavy Burden of Justifying Production
On December 28, 2023, Justice Crane of the New York County Commercial Division issued a decision in Cortlandt St. Recovery Corp. v. Hellas Telecommunications II, S.C.A., 2023 NY Slip Op. 34553(U), holding that the assignment of claims regarding defaulted bonds was not champertous . . . Continue reading Assignment of Claims Regarding Defaulted Bonds Not Champertous
On January 10, 2024, the Second Department issued a decision in JPMorgan Chase Bank N.A. v. Nehorayoff, 2024 NY Slip Op. 00066, holding that the repeated failure to provide discovery warranted sanctions notwithstanding the defendants’ assertion that they were willing to provide discovery . . . Continue reading Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery
On January 11, 2024, the First Department issued a decision in 1400 Ardel Constr. & Design Group, Inc. v. VBG 990 AOA, LLC, 2024 NY Slip Op. 00122, holding that the trial court erred in denying a motion for more time to serve, noting, among other things, the expiration of the statute of limitations . . . Continue reading Court Erred in Denying More Time to Serve Defendant
On December 6, 2023, Justice Grays of the Queens County Commercial Division issued a decision in Pennymac Corp. v. Erneste, 2023 NY Slip Op. 23411, rejecting a constitutional challenge to New York’s Foreclosure Abuse Prevention Act . . . Continue reading Court Reject Constitutional Challenge to Foreclosure Abuse Prevention Act
On December 29, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Reveam, Inc. v. Taylor Frères Capital Mkts., LLC, 2023 NY Slip Op. 34555(U), holding that sending correspondence to New York was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction
