Parties That Did Not Sign Agreement Bound by Forum Selection Clause Because of Close Relationship to Transaction
Choice of Forum/Forum Non Conveniens / Commercial Case Notes

Parties That Did Not Sign Agreement Bound by Forum Selection Clause Because of Close Relationship to Transaction

On July 31, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Cyberbit, Inc. v. Cloud Range Cyber, LLC, 2025 NY Slip Op. 33078(U), holding that a person who was not a party to an agreement was nonetheless bound by its forum selection clause because of his close relationship to the transaction . . . Continue reading Parties That Did Not Sign Agreement Bound by Forum Selection Clause Because of Close Relationship to Transaction

That Court Order Eventually Was Reversed is Not Grounds for Vacating Contempt Orders For Disobeying that Order
Commercial Case Notes / Contempt

That Court Order Eventually Was Reversed is Not Grounds for Vacating Contempt Orders For Disobeying that Order

On July 17, 2025, Justice Schecter of the New York County Commercial Division issued a decision in Talking Capital Windup LLC v. Omanoff, 2025 NY Slip Op. 33072(U), holding that the fact that a court order eventually was reversed is not grounds for vacating contempt orders for disobeying that order . . . Continue reading That Court Order Eventually Was Reversed is Not Grounds for Vacating Contempt Orders For Disobeying that Order

Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service
Commercial Case Notes / Service of Process

Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service

On August 6, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Marcello v. MK Cuisine Global LLC, 2025 NY Slip Op. 33048(U), holding that a denial of receipt of service, without more, is insufficient to overcome the presumption of proper service created by an affidavit of service . . . Continue reading Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service

Default Not Vacated Because of Failure Adequately to Show Meritorious Claims
Commercial Case Notes / Default Judgment

Default Not Vacated Because of Failure Adequately to Show Meritorious Claims

On July 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in JG Group Holdings LLC v. Kahlon, 2025 NY Slip Op. 33022(U), refusing to vacate a default judgment because of the movant’s failure adequately to show that it had potentially meritorious claims . . . Continue reading Default Not Vacated Because of Failure Adequately to Show Meritorious Claims

Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims

On July 18, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Robinson v. Pearl Delta Funding LLC, 2025 NY Slip Op. 33023(U), dismissing an action in favor of a prior pending action even though the claims in the two actions were not identical . . . Continue reading Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims

Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding
Commercial Case Notes / Contracts / Court Rules and Procedures

Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding

On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 32996(U), holding that when counsel for a party did not respond to an e-mail memorializing a stipulation, there was no binding stipulation, even though the parties might have reached an oral agreement . . . Continue reading Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding