On October 30, 2024, the Second Department issued a decision in U.S. Bank NA.. v. Callegari-Orlando, 2024 NY Slip Op. 05366, holding that a party cannot raise non-jurisdictional defenses if a default judgment against it has not been vacated . . . Continue reading Party Cannot Raise Non-Jurisdictional Defenses If Default Judgment Has Not Been Vacated
On October 31, 2024, the First Department issued a decision in OH 126th St. Hous. Dev. Fund Corp. v. Berkley Ins. Co., 2024 NY Slip Op. 05410, holding that a consequential damages waiver in a contract did not extend to a related surety bond . . . Continue reading Consequential Damages Waiver in Contract Does Not Apply to Related Surety Bond
On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in Starship Holdings, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 33740(U), that a motion for summary judgment in lieu of complaint must be denied because plaintiffs failed to give defendants legally sufficient advance notice of the motion . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice
On October 7, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Ironmen Holdings, LLC v. Nieporte, 2024 NY Slip Op. 33743(U), holding that a dispute over compliance with an agreement to arbitrate must be brought as an Article 75 proceeding . . . Continue reading Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding
On October 22, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Egorchenko v. Paul, 2024 NY Slip Op. 33748(U), holding that a shareholder lacks standing to bring a direct claim based on injury to the corporation . . . Continue reading Shareholder Lacks Standing to Bring Direct Claim Based on Injury to Corporation
On October 10, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Rakaez Geotekania KSA v. Fransabank S.A.L., 2024 NY Slip Op. 33766(U), holding that use of a New York correspondent bank account is insufficient, without more, to create personal jurisdiction in New York . . . Continue reading Use of New York Correspondent Account Insufficient, Without More, to Create Personal Jurisdiction in New York
On October 21, 2024, Justice Reed of the New York County Commercial Division issued a decision in Bagatelle Little W. 12th LLC v. JEC II, LLC, 2024 NY Slip Op. 51437(U), holding that a party seeking discovery is not required to prove that the evidence it seeks exists . . . Continue reading Party Seeking Discovery Not Required to Prove That Evidence it Seeks Exists
On October 23, 2024, the Second Department issued a decision in Yakubov v. Gaft, 2024 NY Slip Op. 05240, holding that the best evidence rule does not bar evidence if there is an adequate explanation for the absence of the original . . . Continue reading Best Evidence Rule Does Not Bar Evidence if There is an Adequate Explanation for the Absence of the Original
On October 24, 2024, the First Department issued a decision in Matter of Barons Media, LLC v. Shapiro Legal Group, PLLC, 2024 NY Slip Op. 05301, holding that a non-party was entitled to reimbursement of reasonable attorneys’ fees in responding to a subpoena . . . Continue reading Non-Party Entitled to Reimbursement of Reasonable Attorneys’ Fees in Responding to Subpoena
