On May 30, 2025, Justice Reed of the New York County Commercial division issued a decision in Batneft Co. v. Commerja-X Corp., 2025 NY Slip Op. 50900(U), denying a motion for summary judgment under CPLR 3212 because it was made before the defendant answered . . . Continue reading Motion for Summary Judgment Under CPLR 3212 May Not Be Made Before Defendant Answers
On June 6, 2025, the Fourth Department issued a decision in Vermillion v. Roofing Guys, Inc., 2025 NY Slip Op. 03457, holding that a plaintiff was not entitled to consequential damages when they were not contemplated for when the contract was made . . . Continue reading Plaintiff Not Entitled to Consequential Damages Not Contemplated by Parties When Contract Made
On June 4, 2025, the Second Department issued a decision in IPA Asset Mgt., LLC v. Schuman, 2025 NY Slip Op. 03314, dismissing claims based on the existence of a joint venture for lack of allegations of an agreement to share both profits and losses . . . Continue reading Allegations Regarding the Existence of a Joint Venture Fail for Lack of Agreement to Share Both Profits and Losses
On June 3, 2025, the First Department issued a decision in Zhakiyanov v. Ogai, 2025 NY Slip Op. 03294, affirming the dismissal of a suit on forum non conveniens grounds when the main parties on both sides were foreign residents . . . Continue reading Suit Where the Main Parties on Both Sides are Foreign Residents Dismissed on Forum Non Conveniens Grounds
On June 3, 2025, the First Department issued a decision in Skyview Capital, LLC v. Conduent Business Servs., LLC, 2025 NY Slip Op. 03291, holding that a fraud claim failed for lack of reasonable reliance based on due diligence . . . Continue reading Fraud Claim Fails for Lack of Due Diligence
On June 3, 2025, the First Department issued a decision in Charles Condominiums, LLC v. Victor RPM First, LLC, 2025 NY Slip Op. 03274, holding that a party may not appeal a decision that neither denied it relief nor entered relief against it, even if the decision contained reasoning harmful to a party’s case . . . Continue reading Party May Not Appeal Decision That Did Not Deny it Relief or Enter Relief Against it, Even if the Decision Contained Reasoning Harmful to the Party’s Case
On June 5, 2025, the First Department issued a decision in Gamma USA, Inc. v. Pavarini McGovern, LLC, 2025 NY Slip Op. 03380, finding that none of the exceptions to a no damages for delay clause applied . . . Continue reading Court Declines to Waive No Damages for Delay Clause
On June 16, 2025, the Office of Court Administration issued a request for public comment on a proposed new Commercial Division rule regarding virtual evidence courtrooms . . . Continue reading Proposed New Commercial Division Rule Regarding Virtual Evidence Courtrooms
On May 23, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Rotonde v. Stewart Title Ins. Co., 2025 NY Slip Op. 50862(U), dismissing an action for failure properly to serve the defendant . . . Continue reading Action Dismissed for Failure Properly to Serve the Defendant
On May 27, 2025, Justice Reed of the New York County Commercial Division issued a decision in Schneider v. Pine Mgt., Inc., 2025 NY Slip Op. 50855(U), refusing to seal court records showing non-party names and addresses . . . Continue reading Court Refuses to Seal Records Showing Non-Party Names and Addresses
