On November 14, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Joseph, 2024 NY Slip Op. 34030(U), holding that a fraud claim cannot be based on the failure to keep promises of future performance . . . Continue reading Fraud Claim Cannot be Based on Failure to Keep Promises of Future Performance
On October 10, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Blue Lagoon LLC v. Roth, 2024 NY Slip Op. 34051(U), holding that a motion for summary judgment in lieu of complaint must be accompanied by a summons . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Must be Accompanied by Summons
On November 19, 2024, the First Department issued a decision in Starr Indem. & Liab. Co. v. Monte Carlo, LLC, 2024 NY Slip Op. 05779, holding that a counterclaim for breach of the implied covenant of good faith and fair dealing was not duplicative of a breach of contract counterclaim because it sought different damages . . . Continue reading Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim
On November 19, 2024, the First Department issued a decision in Ray v. Ray, 2024 NY Slip Op. 05777, upholding sanctions against a plaintiff for bringing frivolous lawsuits . . . Continue reading Plaintiff Sanctioned for Bringing Frivolous Lawsuits
On November 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Iken v. Bohemian Brethren Presbyt. Church, 2024 NY Slip Op. 33951(U), holding that a party that failed timely to asset a jury trial waiver lost the right to assert it . . . Continue reading Jury Trial Waiver Right Lost by Failing Timely to Assert it
On November 6, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 2351 Bedford Holding, LLC v. Flatbush Funding LLC, 2024 NY Slip Op. 33984(U), holding that where an operating agreement required majority consent of the shareholders to take legal action, a shareholder could block the corporation for answering a lawsuit brought by that shareholder against the corporation . . . Continue reading Where Corporation’s Operating Agreement Required Shareholder Consent to Take Legal Action, Shareholder Could Block it From Answering Lawsuit by that Shareholder Against the Corporation
On November 13, 2024, the Second Department issued a decision in U.S. Bank N.A. v. Henry, 2024 NY Slip Op. 05555, holding that a defendant’s affidavit showing that she did not live at the address where service was made required a traverse hearing on service . . . Continue reading Defendant’s Affidavit Showing That She Did Not Live at Address Where Service Was Made Requires Hearing on Service
On November 14, 2024, the First Department issued a decision in 2497 Realty Corp. v. Fuertes, 2024 NY Slip Op. 05624, holding that a motion to dismiss may be made after a defendant answers . . . Continue reading Motion to Dismiss May be Made After Defendant Answers
On October 30, 2024, Justice Chan of the New York County Commercial Division issued a decision in Aptos, LLC v. Forman Mills Inc., 2024 NY Slip Op. 33896(U), upholding a claim for anticipatory repudiation . . . Continue reading Anticipatory Repudiation Claim Upheld
On November 6, 2024, the Second Department issued a decision in Provident Bank v. Maze Condos, LLC, 2024 NY Slip Op. 05465, holding that a financial statement was not documentary evidence sufficient to support a motion to dismiss under CPLR 3211(a)(1) . . . Continue reading Financial Statement Not Documentary Evidence Supporting Motion to Dismiss
