On January 2, 2024, Justice Reed of the New York County Commercial Division issued a decision in Fritala LLC v. Continental Gen. Ins. Co., 2024 NY Slip Op. 30052(U), rejecting a duress claim based on a threat to enforce a contractual remedy . . . Continue reading Duress Claim Cannot Be Based on Threat to Enforce Contractual Remedy
On December 29, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Kruchten v. Eastman Kodak Co., 2023 NY Slip Op. 34556(U), holding a stock plan administrator liable for negligence in administering the plan . . . Continue reading Stock Plan Administrator Liable for Negligence in Administering Plan
On January 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in Mule v. Sillerman, 2024 NY Slip Op. 30002(U), analyzing an entrenchment claim under Delaware law . . . Continue reading Court Analyzes Entrenchment Claim
On January 4, 2024, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2024 NY Slip Op. 00022, holding that a debtor cannot challenge an affidavit made in connection with a confession of judgment . . . Continue reading Debtor Cannot Challenge Affidavit Made in Connection With a Confession of Judgment
On January 4, 2024, the First Department issued a decision in Chan v. Havemeyer Holdings LLC, 2024 NY Slip Op. 00020, illustrating the implications of fiduciary obligations on a fraud claim . . . Continue reading Decision Illustrates Implications of Fiduciary Obligations on Fraud Claim
On December 30, 2023, Justice Cohen of the New York County Commercial Division issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, Inc., 2023 NY Slip Op. 34560(U), holding open the possible viability of post-suit notice of representation and warranty breaches . . . Continue reading In RMBS Put-Pack Action, Court Leaves Open Possibility of Post-Suit Notice of Breaches
On December 20, 2023, Justice Chan of the New York County Commercial Division issued a decision in Tasinari v. DeMatteo, 2023 NY Slip Op 34477(U), sanctioning a plaintiff for bringing a frivolous lawsuit . . . Continue reading Party Sanctioned for Bringing a Frivolous Lawsuit
On December 22, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Antara Capital Master Fund LP v. Bombardier Inc., 2023 NY Slip Op. 34524(U), holding that a party’s exercise of discretion explicitly granted to it can still breach the covenant of good faith and fair dealing . . . Continue reading Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing
On December 22, 2023, Justice Chan of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Richmond Stuyvesant Holdings, LLC, 2023 NY Slip Op. 34525(U), holding that despite the dismissal of claims against then, defendants should nonetheless be sanctioned for discovery misconduct . . . Continue reading Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct
On December 23, 2023, Justice Cohen of the New York County Commercial Division issued a decision in O’Connor v. Society Pass Inc., 2023 NY Slip Op. 34535(U), holding that a fraudulent inducement claim must be based on statements of fact, not opinions . . . Continue reading Fraudulent Inducement Claim Must Be Based on Statements of Fact, Not Opinions
