On July 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Pfanner v. Anderson, 2024 NY Slip Op. 32576(U), holding that a buyer who had no reason to think a deed was not valid was a good faith purchaser and was entitled to possession of the property . . . Continue reading Buyer Who Had No Reason to Think Deed Was Not Valid Was Good Faith Purchaser
On July 23, 2024, Justice Masley of the New York County Commercial Division issued a decision in Feld v. Viceroy Devices Corp., 2024 NY Slip Op. 32583(U), holding that a defendant waived the right to rely on a forum selection clause by participating in an action . . . Continue reading Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action
On July 29, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Peck v. Milbank LLP, 2024 NY Slip Op. 32596(U), holding that the judicial proceedings privilege did not bar a Judiciary Law Section 487 claim . . . Continue reading Judicial Proceedings Privilege Does Not Bar Judiciary Law Section 487 Claim
On July 23, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Supplybit, LLC v. Standard Power Hosting Infra Co., LLC, 2024 NY Slip Op. 32613(U), holding that an unjust enrichment claim cannot be based on damages arising from rights under a contract . . . Continue reading Unjust Enrichment Claim Cannot Be Based on Damages Arising from Rights Under Contract
On July 9, 2024, Justice Chan of the New York County Commercial Division issued a decision in Jefferies Leveraged Credit Prods., LLC v. Invictus Global Mgt., LLC, 2024 NY Slip Op. 32620(U), holding that a general partner can be sued based on the general partnership’s contracts . . . Continue reading General Partner Can Be Sued Based on the General Partnership’s Contracts
On August 1, 2024, the Third Department issued a decision in Powerflex Solar, LLC v. Solar PV Pros, LLC, 2024 NY Slip Op. 04102, dismissing a conversion claim based on the failure to turn over money . . . Continue reading Conversion Claim Based on Failure to Turn Over Money Owed Dismissed
On July 26, 2024, the Fourth Department issued a decision in Resetarits Constr. Corp. v. Norfolk S. Ry. Co., 2024 NY Slip Op. 04019, holding that a motion to intervene was not untimely because the existing litigants were not prejudiced . . . Continue reading Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced
On July 26, 2024, the Fourth Department issued a decision in Oakshire Props., LLC v. Argus Capital Funding, LLC, 2024 NY Slip Op. 03943, holding that a plaintiff has adequately alleged that a merchant cash advance agreement was in fact an usurious loan . . . Continue reading Plaintiff Adequately Alleged That Merchant Cash Advance Agreement Was an Usurious Loan
On July 31, 2024, the Second Department issued a decision in Wells Fargo Vendor Fin. Servs., LLC v. Elslawy, 2024 NY Slip Op. 04099, holding that a defendant’s confusion on whether he was being sued does not excuse a failure to answer . . . Continue reading Defendant’s Confusion Over Whether He Was Being Sued Does Not Excuse Failure to Answer
On July 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. SMI USA Group LLC, 2024 NY Slip Op. 50977(U), holding that insufficient similarity of suits defeated a motion to dismiss in favor of a prior pending action . . . Continue reading Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action
