On May 28, 2025, the Second Department issued a decision in Lapin v. Verner, 2025 NY Slip Op. 03184, holding that a fraud claim based on omissions failed for insufficiently alleging materiality or a duty to disclose . . . Continue reading Fraud Claim Based on Omissions Failed for Insufficient Allegations of Materiality or a Duty to Disclose
On May 28, 2025, the Second Department issued a decision in Ping Lin v. Dao Asian Rest., Inc., 2025 NY Slip Op. 03212, holding that it was error for a trial court to refuse to vacate a default judgment when there was sufficient justification for a law office failure . . . Continue reading Default Excused Due to Law Office Failure
On May 28, 2025, the Second Department issued a decision in Triple E. Constr., Inc. v. Green-Citi Mgt., Inc., 2025 NY Slip Op. 03218, holding that conclusory allegations of law office failure are an insufficient basis for opposing a default judgment . . . Continue reading Conclusory Allegations of Law Office Failure Insufficient to Oppose Default Judgment
On May 27, 2025, the First Department issued a decision in Mandour v. Rafalsky, 2025 NY Slip Op. 03160, holding that the continuous representation doctrine does not apply to a claim arising from a business transaction with an attorney . . . Continue reading Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney
On May 19, 2025, Justice Masley of the New York County Commercial Division issued a decision in Matter of Bank of N.Y. Mellon, 2025 NY Slip Op 31952(U), enforcing an indenture’s write-up provisions notwithstanding past practice and arguments about waterfall logic . . . Continue reading Article 77 Decision Enforces Write-Up Provisions Notwithstanding Past Practice and Arguments About Waterfall Logic
On May 29, 2025, the First Department issued a decision in Martin v. William & Cindy Abrams Family Trust, 2025 NY Slip Op. 03253, holding that an agreement did not provide for the forfeiture of an ownership interest in a corporation because it did not clearly provide for it . . . Continue reading Agreement Does Not Result in Forfeiture Because Agreement Did Not Clearly Provide for It
On May 29, 2025, the First Department issued a decision in Kiehl v. Cavicchio, 2025 NY Slip Op. 03252, holding that claims arising from an alleged joint venture failed for lack of adequate allegation of the existence of the joint venture/partnership . . . Continue reading Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership
On May 29, 2025, the First Department issued a decision in CSI IT, LLC v. Dungey, 2025 NY Slip Op. 03244, holding that a case was properly dismissed in favor of a prior pending action even though the agreement at issue included a New York forum selection clause . . . Continue reading Case Dismissed in Favor of Prior Pending Action Despite New York Forum Selection Clause
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
On May 15, 2025, Justice Patel of the New York County Commercial Division issued a decision in Lignel v. Butler, 2025 NY Slip Op. 31791(U), holding that freezing out a member was an insufficient basis for dissolving an LLC . . . Continue reading Member Freeze-Out Insufficient Basis for LLC Dissolution
