Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

On April 5, 2024, Justice Chan of the New York County Commercial Division issued a decision in Wietschner v. 9 Vandam JV LLC, 2024 NY Slip Op. 31172(U), holding that questions of fact regarding whether a note was in default precluded a motion for summary judgment in lieu of complaint . . . Continue reading Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)
Commercial Case Notes / Motion to Dismiss

Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)

On April 6, 2024, Justice Masley of the New York County Commercial Division issued a decision in Zurich Am. Ins. Co. v. Providence Capital LLC, 2024 NY Slip Op. 31202(U), holding that a motion to dismiss a defense can be made on any ground, not just those listed in CPLR 3211(a) . . . Continue reading Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)

Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses
Commercial Case Notes / Partnerships

Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses

On April 10, 2024, the Second Department issued a decision in Kefalas v. Pappas, 2024 NY Slip Op. 01912, holding that a claim based on an alleged joint venture agreement failed for lack of allegations of an agreement to share losses . . . Continue reading Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses

Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim
Commercial Case Notes / Contracts

Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim

On March 25, 2024, Justice Chan of the New York County Commercial Division issued a decision in Brand Squared LLC v. Ryse Up Sports Nutrition, LLC, 2024 NY Slip Op. 31031(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim

Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict
Commercial Case Notes / Professional Malpractice

Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict

On April 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in Mandour v. Rafalsky, 2024 NY Slip Op. 31086(U), holding that a legal malpractice claim based on a conflict of interest accrues on the date the attorney should have disclosed the conflict but failed to do so . . . Continue reading Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict

Fraudulent Conveyance Claim in Amended Complaint Relates Back to Original Complaint
Commercial Case Notes / Statute of Limitation/Laches

Fraudulent Conveyance Claim in Amended Complaint Relates Back to Original Complaint

On April 1, 2024, Justice Crane of the New York County Commercial Division issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2024 NY Slip Op. 31087(U), holding that a fraudulent conveyance claim in an amended complaint related back to the original complaint . . . Continue reading Fraudulent Conveyance Claim in Amended Complaint Relates Back to Original Complaint