Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract
Commercial Case Notes / Fraud/Misrepresentation

Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract

On July 3, 2025, Justice Chan of the New York County Commercial Division issued a decision in Wilburger v. Ava Labs, Inc., 2025 NY Slip Op. 51072(U), refusing to dismiss a fraudulent inducement claim even though the alleged inducement was contradicted by the parties’ contract . . . Continue reading Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract

Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it

On July 1, 2025, the First Department issued a decision in Xinni Zhang v. Chu, 2025 NY Slip Op. 03988, holding that a losing party should have been given an opportunity to challenge that calculation of the fee award against it . . . Continue reading Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it

Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party
Commercial Case Notes / Discovery/Disclosure

Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party

On July 1, 2025, the First Department issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 03968, holding that a non-party was entitled to recover its expenses in responding to a subpoena even though it later became a party . . . Continue reading Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party

Absolute Litigation Privilege Does Not Bar Suit for Breach of NDA in Connection With a Litigation
Commercial Case Notes / Contracts / Defamation

Absolute Litigation Privilege Does Not Bar Suit for Breach of NDA in Connection With a Litigation

On June 26, 2025, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2025 NY Slip Op. 03872, holding that the absolute litigation privilege does not bar a suit for breach of an NDA in connection with a litigation . . . Continue reading Absolute Litigation Privilege Does Not Bar Suit for Breach of NDA in Connection With a Litigation

Theft of Trade Secrets Claim Dismissed as Duplicative of Claim Relating to Breach of NDA
Commercial Case Notes / Contracts / Intellectual Property

Theft of Trade Secrets Claim Dismissed as Duplicative of Claim Relating to Breach of NDA

On May 16, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Sifi Networks Am. LLC v. Generate Capital, PBC, 2025 NY Slip Op. 31842(U), dismissing a theft of trade secrets claim as duplicative of a claim for breach of a NDA . . . Continue reading Theft of Trade Secrets Claim Dismissed as Duplicative of Claim Relating to Breach of NDA

That Plaintiff Was Aware of Potential Claim Before Bringing Suit No Bar to Later Moving to Amend to Add it
Commercial Case Notes / Court Rules and Procedures

That Plaintiff Was Aware of Potential Claim Before Bringing Suit No Bar to Later Moving to Amend to Add it

On June 5, 2025, Justice Chan of the New York County Commercial Division issued a decision in Baric Commons REO, LLC v. Gross, 2025 NY Slip Op. 32087(U), holding that a motion to amend to add a claim is not barred by the fact that the plaintiff was aware of the claim before it initiated the lawsuit . . . Continue reading That Plaintiff Was Aware of Potential Claim Before Bringing Suit No Bar to Later Moving to Amend to Add it