On March 11, 2025, the First Department issued a decision in Young Adult Inst., Inc. v. Corporate Source, Inc., 2025 NY Slip Op. 01334, holding that a plaintiff could not recover on a faithless servant claim without evidence of damages . . . Continue reading Plaintiff Cannot Recover on Faithless Servant Claim Without Evidence of Damages
On March 11, 2025, the First Department issued a decision in Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2025 NY Slip Op. 01317, holding that a fraud claim should be dismissed for failure adequately to allege reasonable reliance . . . Continue reading Fraud Claim Dismissed for Insufficient Allegations of Reasonable Reliance
On March 13, 2025, the First Department issued a decision in Matter of Shasha v. Malkin, 2025 NY Slip Op. 01434, holding that opposing counsel’s past practice of accepting service by e-mail did not constitute agreement to accept such service in a new proceeding . . . Continue reading Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding
On March 13, 2025, the First Department issued a decision in Fora Fin., Advance, LLC v. 4 Pillar Consulting, LLC, 2025 NY Slip Op. 01422, enforcing a liquidated damages provision . . . Continue reading Liquidated Damages Provision Held Enforceable
On February 28, 2025, Justice Masley of the New York County Commercial Division issued a decision in Martha Stewart Living Omnimedia, LP v. Snow Joe LLC, 2025 NY Slip Op. 30683(U), holding that nominal damages are sufficient to meet that damages element of a breach of contract claim . . . Continue reading Nominal Damages Sufficient to Meet Damages Element of Breach of Contract Claim
On February 24, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Kingsbridge 2005, LLC v. Wells Fargo Bank, N.A., 2025 NY Slip Op. 30648(U), enforcing a provision limiting claims to a proceeding for declaratory judgment . . . Continue reading Provision Limiting Claims to Declaratory Judgment Enforceable
On March 4, 2025, Justice Reed of the New York County Commercial Division issued a decision in Linkable Networks, Inc. v. Mastercard Inc., 2025 NY Slip Op. 50278(U), refusing to seal trial exhibits . . . Continue reading Court Refuses to Seal Trial Exhibits
On February 27, 2025, Justice Reed of the New York County Commercial Division issued a decision in Concordance Healthcare Solutions LLC v. Kori Capital Inc., 2025 NY Slip Op. 50257(U), denying a motion to withdraw because the application lacked sufficient detail . . . Continue reading Court Denies Attorney’s Motion to Withdraw Because Application Lack Sufficient Detail
On March 5, 2025, the Second Department issued a decision in Lang v. Zlotnick, 2025 NY Slip Op. 01208, holding that prejudgment interest on a note was calculated from the date the note became due . . . Continue reading Prejudgment Interest on Note Assessed From Date Note Became Due
On February 14, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Winrich v. Makes, 2025 NY Slip Op. 30541(U), holding that a fraud claim is insufficient to make an arbitration agreement unenforceable, unless the fraud relates to the arbitration agreement itself . . . Continue reading Fraud Claim Insufficient to Make Arbitration Agreement Unenforceable Unless Claims Relates to the Arbitration Agreement Itself
