On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in RSM US LLP v. Notes, 2025 NY Slip Op. 32971(U), rejecting a JHO’s award of sanctions because of the movant’s failure to meet and confer as required by the Commercial Division rules . . . Continue reading Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules
On July 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v. Desktop Metal, Inc., 2025 NY Slip Op. 32953(U), granting an injunction is support of an arbitration, holding, regarding the justification for the attachment, that any arbitration award might be rendered ineffectual without the attachment . . . Continue reading Court Grants Attachment in Support of Arbitration
On August 27, 2025, the Second Department issued a decision in Long Chen v. Clean Air Car Serv. & Parking Corp., 2025 NY Slip Op. 04777, holding that a plaintiff’s loss at summary judgment was an insufficient basis, without more, to impose sanctions under 22 NYCRR 130-1.1 . . . Continue reading Loss at Summary Judgment Insufficient Basis for Imposing Sanctions
On August 27, 2025, the Second Department issued a decision in Trepeta v. Mobiquity Tech., Inc., 2025 NY Slip Op. 04806, holding that a fraudulent inducement claim failed for lack of due diligence by the plaintiff . . . Continue reading Fraudulent Inducement Claim Fails for Lack of Due Diligence
On July 25, 2025, Justice Masley of the New York County Commercial Division issued a decision in BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 NY Slip Op. 32881(U), holding that a plaintiff was not entitled to consequential damages of lost rent and revenue for breach of a construction contract . . . Continue reading Plaintiff Not Entitled to Lost Rent and Revenue for Breach of Construction Contract
On July 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hilldun Corp. v. Styleline Studios, LLC, 2025 NY Slip Op. 32884(U), vacating a note of issue because discovery was not complete . . . Continue reading Court Vacates Note of Issue Because of Incomplete Discovery
On July 25, 2025, Justice Patel of the New York County Commercial Division issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 32885(U), dismissing a fraud claim because, among other reasons, of group pleading of scienter . . . Continue reading Fraud Claim Dismissed Because of Improper Group Pleading of Scienter
On August 6, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in York Re Capital Partners, LLC v. Benussi, 2025 NY Slip Op. 51282(U), holding that service on a person in a coma was ineffective . . . Continue reading Service on Person in a Coma Ineffective
On August 20, 2025, the Second Department issued a decision in Greenpoint Mtge. Funding, Inc. v. Recinos, 2025 NY Slip Op. 04707, dismissing an action for failure timely to seek a default judgment . . . Continue reading Court Dismisses Action for Failure to Seek Default Judgment for Over a Year
On August 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. 9th Ave Hotel Prop. Holding LLC, 2025 NY Slip Op. 51276(U), denying a motion to substitute in as a party because the movant failed to prove its standing . . . Continue reading In Order to Substitute in as a Party, the Movant Must Prove its Standing
