Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial
Commercial Case Notes / Discovery/Disclosure

Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial

On April 19, 2024, Justice Reed of the New York County Commercial Division issued a decision in Bagatelle Little W. 12th LLC v. JEC II, LLC, 2024 NY Slip Op. 50453(U), refusing to issue letters rogatory for international discovery because the evidence sought was not crucial to deciding the lawsuit . . . Continue reading Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial

Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment
Commercial Case Notes / Summary Judgment

Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment

On April 24, 2024, the Second Department issued a decision in Kitchen Winners NY, Inc. v. Triptow, 2024 NY Slip Op. 02181, holding that a plaintiff was not entitled to summary judgment in lieu of complaint because there were questions of fact beyond simple proof of nonpayment . . . Continue reading Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment

Plaintiff not Entitled to Lost Profit Damages Because the Parties Did Not Contemplate Them in Making Their Agreement
Commercial Case Notes / Damages

Plaintiff not Entitled to Lost Profit Damages Because the Parties Did Not Contemplate Them in Making Their Agreement

On April 25, 2024, the First Department issued a decision in BML Props. Ltd. v. China Constr. Am., Inc., 2024 NY Slip Op. 02252, holding that a plaintiff was not entitled to lost profits damages because the parties did not contemplate them in making their agreement . . . Continue reading Plaintiff not Entitled to Lost Profit Damages Because the Parties Did Not Contemplate Them in Making Their Agreement

Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska
Choice of Forum/Forum Non Conveniens / Commercial Case Notes / Insurance

Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska

On April 17, 2024, the Second Department issued a decision in Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc., 2024 NY Slip Op. 02032, refusing to enforce a forum selection clause requiring a challenge to an insurance policy under New York law to be heard in Nebraska . . . Continue reading Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska

Summary Judgment Motion Fails For Lack of Proof That Evidence Submitted in Support Were Business Records
Commercial Case Notes / Evidence

Summary Judgment Motion Fails For Lack of Proof That Evidence Submitted in Support Were Business Records

On April 17, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Demasco, 2024 NY Slip Op. 02033, holding that a summary judgment motion failed for lack of proof that the evidence submitted in support of it were business records . . . Continue reading Summary Judgment Motion Fails For Lack of Proof That Evidence Submitted in Support Were Business Records

Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim

On April 16, 2024, the First Department issued a decision in Ho v. Star Contrs., Inc., 2024 NY Slip Op. 02014, holding that a fraud claim based on alleged misrepresentations regarding the performance of a contract should be dismissed as duplicative of a breach of contract claim . . . Continue reading Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim