On May 16, 2024, Justice Crane of the New York County Commercial Division issued a decision in A Participations Ltd. V. Infinity Q Capital Mgmt. LLC, 2024 NY Slip Op. 31788(U), dismissing a fraud claim against an auditor for failure adequately to allege scienter . . . Continue reading Fraud Claim Against Auditor Dismissed for Failure Adequately to Allege Scienter
On May 23, 2024, Justice Schecter of the New York County Commercial Division issued a decision in Roam Capital, Inc. v. Asia Alternatives Mgt. LLC, 2024 NY Slip Op. 31811(U), holding that a party waived privilege by including family members on communications . . . Continue reading Communications to Family Members Waived Privilege
On May 14, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Spectrum Inc. Gen. Contr. v. Capital One Bank USA, N.A., 2024 NY Slip Op. 31814(U), holding that a bank did not have a fiduciary duty to its customer . . . Continue reading Bank Does Not Have a Fiduciary Duty to its Customer
On May 28, 2024, the First Department issued a decision in Hall v. Middleton, 2024 NY Slip Op. 02889, holding that punitive damages can be awarded even if there is no compensatory damages award . . . Continue reading Punitive Damages Awardable Even When No Compensatory Damages Awarded
On May 28, 2024, the First Department issued a decision in Cimen v. HQ Capital Real Estate L.P., 2024 NY Slip Op. 02888, dismissing fraud claims based on future performance . . . Continue reading Fraud Claims Based on Future Performance Fail
On May 30, 2024, the First Department issued a decision in Pursuit Credit Special Opportunity Fund, L.P. v. Krunchcash, LLC, 2024 NY Slip Op. 02996, holding that the trial court did not err in sanctioning counsel for its improper response to an opponent’s inadvertent production of privileged information . . . Continue reading Court Did Not Err in Sanctioning Counsel for Improper Response to Inadvertent Production of Privileged Material
On May 30, 2024, the First Department issued a decision in Manhattan Chrystie St. Dev. Fund, LLC v. 215 Chrystie Invs. LLC, 2024 NY Slip Op. 02989, holding that corporate officers acting in bad faith and outside the scope of their duties could be held liable for actions taken in corporation’s name . . . Continue reading Corporate Officers Acting in Bad Faith and Outside Scope of Duties Can Be Held Liable for Actions Taken in Corporation’s Name
On May 30, 2024, the First Department issued a decision in 110 NC LLC v. Bank of Am., N.A., 2024 NY Slip Op. 02974, holding that when there is a question regarding the existence of a contract, a plaintiff can assert both unjust enrichment and breach of contract claims . . . Continue reading Where There is a Question Over the Existence of a Contract, Plaintiff Can Assert Both Unjust Enrichment and Contract Claims
On May 14, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Hello Beautiful Salon, Inc. v. Dimoplon, 2024 NY Slip Op. 31702(U), denying a motion to amend for failure to show the changes made to the prior complaint . . . Continue reading Motion to Amend Denied for Failure to Show the Changes Made to the Prior Complaint
On May 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Isaac Hersko Revocable Trust v. Weisel, 2024 NY Slip Op. 31717(U), holding that an account holder does not have standing to challenge a subpoena for bank records . . . Continue reading Account Holder Does Not Have Standing to Challenge Subpoena for Bank Records
