Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule
Commercial Case Notes / Motion to Dismiss

Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule

On July 8, 2024, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2024 NY Slip Op. 32315(U), holding that a motion to dismiss claims in an amended complaint that were in the original complaint violate the single motion rule . . . Continue reading Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule

Under Filed Rate and Primary Jurisdiction Doctrines, Court Defers to PSC on Propriety of Con-Ed Charge
Commercial Case Notes / Subject Matter Jurisdiction

Under Filed Rate and Primary Jurisdiction Doctrines, Court Defers to PSC on Propriety of Con-Ed Charge

On June 29, 2024, Justice Patel of the New York County Commercial Division issued a decision in Mycklebust v. Consolidated Edison Co. of N.Y., Inc., 2024 NY Slip Op. 50837(U), holding that under the filed rate and primary jurisdiction doctrines, the court should defer to the Public Service Commission on the propriety of a Con-Edison charge . . . Continue reading Under Filed Rate and Primary Jurisdiction Doctrines, Court Defers to PSC on Propriety of Con-Ed Charge

Court Appoints Receiver to Collect Assets from Foreign Subsidiary of Judgment Debtor
Commercial Case Notes / Judgment and Collections

Court Appoints Receiver to Collect Assets from Foreign Subsidiary of Judgment Debtor

On June 26, 2024, Justice Masley of the New York County Commercial Division issued a decision in AT&T Mobility Holdings B.V. v. Grupo Salinas Telecom, S.A. DE C.V., 2024 NY Slip Op. 32169(U), appointing a receiver to collect assets of a foreign subsidiary of a judgment debtor . . . Continue reading Court Appoints Receiver to Collect Assets from Foreign Subsidiary of Judgment Debtor

Fraudulent Inducement Claims Do Not Invalidate Forum Selection Clause
Choice of Forum/Forum Non Conveniens / Commercial Case Notes

Fraudulent Inducement Claims Do Not Invalidate Forum Selection Clause

On June 18, 2024, Justice Chan of the New York County Commercial Division issued a decision in United Acquisition Corp. v. MedCap Growth Equity Fund I, LP, 2024 NY Slip Op. 32115(U), holding that fraudulent inducement claims did not invalidate a contract’s forum selection clause . . . Continue reading Fraudulent Inducement Claims Do Not Invalidate Forum Selection Clause

Side Letter Granting Lender Part Ownership of the Borrower Did Not Make the Related Loan Usurious
Commercial Case Notes / Usury

Side Letter Granting Lender Part Ownership of the Borrower Did Not Make the Related Loan Usurious

On June 17, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Manna Capital Solutions LLC v. W & D Consultants Corp., 2024 NY Slip Op. 32061(U), holding that a side letter granting a lender part ownership of the borrower did not make the related loan usurious . . . Continue reading Side Letter Granting Lender Part Ownership of the Borrower Did Not Make the Related Loan Usurious

Affidavit Submitted to Prove Non-Payment of Loan Must Include Business Records Upon Which the Affidavit is Based
Commercial Case Notes / Evidence / Summary Judgment

Affidavit Submitted to Prove Non-Payment of Loan Must Include Business Records Upon Which the Affidavit is Based

On June 26, 2024, the Second Department issued a decision in MTGLQ Invs., L.P. v. Daleo, 2024 NY Slip Op. 03477, holding that an affidavit submitted to prove non-payment of a loan must include the business records upon which the affidavit is based . . . Continue reading Affidavit Submitted to Prove Non-Payment of Loan Must Include Business Records Upon Which the Affidavit is Based