Veil Piercing Claim Fails for Lack of Allegations of How Abuse of the Corporate Form Was Used to Harm Plaintiff
Commercial Case Notes / Veil Piercing/Alter Ego

Veil Piercing Claim Fails for Lack of Allegations of How Abuse of the Corporate Form Was Used to Harm Plaintiff

On October 24, 2024, the First Department issued a decision in Zhong Lun Law Firm LLC v. Zhong Lun Law Firm, 2024 NY Slip Op. 05300, holding that a veil piercing claim failed for lack of allegations of how the alleged abuse of the corporate form was used to harm the plaintiff . . . Continue reading Veil Piercing Claim Fails for Lack of Allegations of How Abuse of the Corporate Form Was Used to Harm Plaintiff

Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes

Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration

On October 24, 2024, the First Department issued a decision in Matter of Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, 2024 NY Slip Op. 05278, holding that a party waives the right to challenge an agreement to arbitrate by participating in the arbitration . . . Continue reading Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration

Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact
Commercial Case Notes / Court Rules and Procedures

Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact

On October 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Harkins v. Stern, 2024 NY Slip Op. 33599(U), denying a motion for consolidation because of overlapping discovery where there were insufficiently similar questions of law or fact . . . Continue reading Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact

Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records
Commercial Case Notes / Evidence / Real Property / Summary Judgment

Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records

On October 16, 2024, the Second Department issued a decision in Bank of N.Y. v. Levy, 2024 NY Slip Op. 05085, holding that a motion must be supported by business records, not just a records custodian affidavit attesting to the facts in the records . . . Continue reading Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records

Quasi-Contract Claims Regarding a Loan Could Not be Asserted Regarding a Note Securing the Loan
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Quasi-Contract Claims Regarding a Loan Could Not be Asserted Regarding a Note Securing the Loan

On October 17, 2024, the First Department issued a decision in A.N.L.Y.H. Invs. LP v. JDS Principal Highline LLC, 2024 NY Slip Op. 05133, holding that when a loan was secured by a promissory note, a plaintiff could not assert quasi-contractual claims regarding the loan, even against a party that did not sign the note . . . Continue reading Quasi-Contract Claims Regarding a Loan Could Not be Asserted Regarding a Note Securing the Loan

Defendant Liable for Converting Funds in Bank Account Despite Being an Authorized User
Commercial Case Notes / Conversion/Trespass to Chattel

Defendant Liable for Converting Funds in Bank Account Despite Being an Authorized User

On October 17, 2024, the First Department issued a decision in United Hay, LLC v. Harounian, 2024 NY Slip Op. 05151, holding that a defendant was liable for conversion of funds in a bank account even though he was an authorized signatory on the account . . . Continue reading Defendant Liable for Converting Funds in Bank Account Despite Being an Authorized User

Court Stays Dissolution Proceeding in Favor of Earlier-Filed Action Even Though it Did Not Seek Dissolution
Business Divorce / Commercial Case Notes / Motion to Dismiss

Court Stays Dissolution Proceeding in Favor of Earlier-Filed Action Even Though it Did Not Seek Dissolution

On September 30, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Ramirez v. Issa, 2024 NY Slip Op. 33488(U), staying a proceeding to dissolve a corporation in favor of an earlier filed action even though the earlier action did not seek dissolution . . . Continue reading Court Stays Dissolution Proceeding in Favor of Earlier-Filed Action Even Though it Did Not Seek Dissolution