On December 24, 2024, the Second Department issued a decision in Bayview Loan Servicing, LLC v. Ashkenazi, 2024 NY Slip Op. 06576, holding that a bare denial of service is insufficient to rebut a process server’s affidavit . . . Continue reading Bare Denial of Service Insufficient to Rebut Process Server Affidavit
On December 17, 2024, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2024 NY Slip Op. 06318, holding that statutory interest must be based on the damages actually awarded . . . Continue reading Statutory Interest Must Be Based on Damages Actually Awarded
On December 17, 2024, the First Department issued a decision in Riverdale Jewish Ctr. v. Consolidated Edison Co. of N.Y., Inc., 2024 NY Slip Op. 06314, holding that a claim was properly dismissed under the primary jurisdiction doctrine . . . Continue reading Claim Properly Dismissed Under Primary Jurisdiction Doctrine
On December 19, 2024, the First Department issued a decision in Cantor Fitzgerald & Co. v. ObvioHealth Pte Ltd., 2024 NY Slip Op. 06421, holding that an agreement was not sufficiently specific to create an exclusive right to sell . . . Continue reading Agreement Was Not Sufficiently Specific to Create an Exclusive Right to Sell
On December 19, 2024, the First Department issued a decision in International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2024 NY Slip Op. 06425, holding that a fraudulent inducement claim seeking contract-based damages does not defeat a contract’s jury waiver . . . Continue reading Fraudulent Inducement Claim Seeking Contract-Based Damages Does Not Defeat Contract’s Jury Waiver
On December 24, 2024, the First Department issued a decision in Paley v. Curious Holdings, LLC, 2024 NY Slip Op. 06544, holding that “as a mere member of [an] LLC, [a plaintiff] has no ownership right in its property” and so cannot assert a claim for conversion of the LLC’s property. Continue reading LLC Member Cannot Assert Claim for Conversion of LLC’s Property
On November 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Carloha, Inc. v. DC Nice Car, Inc., 2024 NY Slip Op. 34176(U), denying a motion to amend to add additional defendants made after the close of discovery as untimely . . . Continue reading Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely
On November 26, 2024, Justice Chan of the New York County Commercial Division issued a decision in WealthUnion Ventures LLC v. Yan, 2024 NY Slip Op. 34222(U), holding that an error or omission in an affidavit of service was a jurisdictional defect . . . Continue reading Error or Omission in an Affidavit of Service is a Jurisdictional Defect
On November 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Calen Invs. LLC v. Notias, 2024 NY Slip Op. 34272(U), holding a subpoena recipient in contempt for failure timely to respond to judgement collection discovery . . . Continue reading Subpoena Recipient Held in Contempt for Failing Timely to Respond to Judgment Collection Discovery
On November 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in ARC NYWWPJV001, LLC v. WWP JV LLC, 2024 NY Slip Op. 34298(U), holding that communications between businesspeople are privileged with they contained communications intended for counsel . . . Continue reading Communications Between Businesspeople Privileged When it Contained Communications Intended for Counsel
