That a Deed Was Not Recorded Still Left Questions of Fact Regarding Plaintiff’s Standing to Bring a Partition Action
Commercial Case Notes / Real Property

That a Deed Was Not Recorded Still Left Questions of Fact Regarding Plaintiff’s Standing to Bring a Partition Action

Decided on May 14, 2025, the Second Department issued a decision in Newburgh Realty II, LLC v. IPA Asset Mgt., LLC, 2025 NY Slip Op. 02926, holding that the fact that a deed was not recorded still left questions of fact regarding a plaintiff’s standing to bring a partition action . . . Continue reading That a Deed Was Not Recorded Still Left Questions of Fact Regarding Plaintiff’s Standing to Bring a Partition Action

Attorney Fee Application Denied For Insufficient Justification of Work Done
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Attorney Fee Application Denied For Insufficient Justification of Work Done

On May 15, 2025, Justice Cohen of the New York County Commercial Division issued a decision in CLNC 2019-FL1 Funding, LLC v. Bennett, 2025 NY Slip Op. 31793(U), denying an attorneys’ fees request for failure adequately to describe and justify the work done . . . Continue reading Attorney Fee Application Denied For Insufficient Justification of Work Done

Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim
Commercial Case Notes / Declaratory Judgment

Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim

On May 13, 2025, Justice Bannon of the New York County Commercial Division issued a decision in United States Tech. Communication Corp. v. Altice USA, Inc., 2025 NY Slip Op. 31803(U), dismissing a claim for a declaratory judgment as duplicative of a breach of contract claim . . . Continue reading Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim

Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts
Commercial Case Notes / Default Judgment

Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts

On May 21, 2025, the Second Department issued a decision in CitiMortgage, Inc. v. Ramlal, 2025 NY Slip Op. 03037, holding that a motion to vacate a default judgment based on law office failure must be supported by detailed and credible facts . . . Continue reading Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts

Tortious Interference With Business Advantage Claim Fails Due to Inadequate Allegations of Defendant’s Bad Conduct
Commercial Case Notes / Tortious Interference

Tortious Interference With Business Advantage Claim Fails Due to Inadequate Allegations of Defendant’s Bad Conduct

On May 20, 2025, the First Department issued a decision in Beast Invs., LLC v. Celebrity Virtual Dining, LLC, 2025 NY Slip Op. 03012, holding that a tortious interference with prospective business advantage claim failed because it inadequately alleged the defendant’s bad conduct . . . Continue reading Tortious Interference With Business Advantage Claim Fails Due to Inadequate Allegations of Defendant’s Bad Conduct

Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price
Commercial Case Notes / Damages

Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price

On May 22, 2025, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2025 NY Slip Op. 03153, holding that a defendant liable for failing to close a transaction was liable for pre-judgment interest only on the plaintiff’s loss, not the entire transaction price . . . Continue reading Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price