Corporation Cannot Avoid Being Bound by Contract Because it Lacked its Full, Proper Corporate Name
Commercial Case Notes / Contracts

Corporation Cannot Avoid Being Bound by Contract Because it Lacked its Full, Proper Corporate Name

On September 3, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Putney Inv. Group Ltd. V. New Hampshire Ins. Co., 2024 NY Slip Op 33083(U), holding that a corporation cannot avoid being bound by a contract because it did not use its full, proper corporate name . . . Continue reading Corporation Cannot Avoid Being Bound by Contract Because it Lacked its Full, Proper Corporate Name

Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations
Commercial Case Notes / Defamation / Statute of Limitation/Laches / Tortious Interference

Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations

On September 4, 2024, Justice Chan of the New York County Commercial Division issued a decision in BT Supplies W., Inc. v. Brookline, LLC, 2024 NY Slip Op 33101(U), holding that a plaintiff cannot use a tortious interference claim to avoid the one-year statute of limitations for defamation . . . Continue reading Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations

Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment
Commercial Case Notes / Professional Malpractice

Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment

On September 6, 2024, Justice Chan of the New York County Commercial Division issued a decision in FTF Lending, LLC v. Mavrides, Moyal, Packman & Sadkin, LLP, 2024 NY Slip Op 33115(U), holding that despite counsel’s negligence, a client was not entitled to summary judgment on its legal malpractice claim because of questions of fact regarding whether it was the client’s negligence that was the proximate cause of its loss . . . Continue reading Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment

Summary Judgment for Foreclosure Denied Because Supporting Affiant Lacked Personal Knowledge of Non-Payment
Commercial Case Notes / Summary Judgment

Summary Judgment for Foreclosure Denied Because Supporting Affiant Lacked Personal Knowledge of Non-Payment

On September 11, 2024, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. E39 St., LLC, 2024 NY Slip Op. 04417, holding that a lender was not entitled to summary judgment in a foreclosure action because its affiant lacked personal knowledge of the borrower’s default . . . Continue reading Summary Judgment for Foreclosure Denied Because Supporting Affiant Lacked Personal Knowledge of Non-Payment

Good Faith and Fair Dealing Claim Fails for Lack of Enforceable Contract
Commercial Case Notes / Contracts

Good Faith and Fair Dealing Claim Fails for Lack of Enforceable Contract

On August 28, 2024, Justice Chan of the New York County Commercial Division issued a decision in Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2024 NY Slip Op. 33042(U), holding that a claim based on the implied covenant of good faith and fair dealing failed for lack of an enforceable contract . . . Continue reading Good Faith and Fair Dealing Claim Fails for Lack of Enforceable Contract

Court Upholds Implied Covenant Claim Based on SPV’s Failure to Remain Sufficiently Capitalized to Pay Loan
Commercial Case Notes / Contracts

Court Upholds Implied Covenant Claim Based on SPV’s Failure to Remain Sufficiently Capitalized to Pay Loan

On September 5, 2024, the First Department issued a decision in Ria R Squared, Inc. v. DW Partners, LP, 2024 NY Slip Op. 04363, upholding a claim for the breach of the covenant of good faith and fair dealing based on an SPV’s failure to remain sufficiently capitalized to repay a loan . . . Continue reading Court Upholds Implied Covenant Claim Based on SPV’s Failure to Remain Sufficiently Capitalized to Pay Loan