Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 26, 2021, the Fourth Department issued a decision in Thompson v. Peters, 2021 NY Slip Op. 04832, holding that a bank had an implied contractual obligation to return improperly-transferred funds to a depositor . . . Continue reading Bank Has Implied Contractual Obligation to Return Improperly Transferred Funds to Depositor
Upcoming arguments in the New York Court of Appeals that might be of interest to commercial litigators . . . Continue reading Court of Appeals Arguments of Interest: September 2021 Term
On August 25, 2021, the Second Department issued a decision in Kefalas v. Valiotis, 2021 NY Slip Op. 04750, holding that plaintiffs were not prevailing parties for purposes of an award of fees notwithstanding that they prevailed on some issues . . . Continue reading Despite Prevailing on Some Issues, Plaintiffs Were Not Prevailing Party for Purposes of Award of Fees
On August 26, 2021, the First Department issued a decision in FGP 1, LLC v. Dubrovsky, 2021 NY Slip Op. 04789, holding that a non-party to a contract lacked standing to challenge its validity . . . Continue reading Non-Party Lacked Standing to Challenge Contract’s Validity
On August 18, 2021, the Second Department issued a decision in Grocery Leasing Corp. v. P&C Merrick Realty Co., LLC, 2021 NY Slip Op. 04702, holding that a defendant cannot move to dismiss a claim that is not asserted against it . . . Continue reading Defendant Cannot Move to Dismiss Claim That is Not Asserted Against It
On August 16, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Audax Credit Opportunities Offshore Ltd. v. TMK Hawk Parent, Corp., 2021 NY Slip Op. 50794(U), refusing to enforce a no action clause . . . Continue reading Court Refuses to Enforce No Action Clause
On August 13, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in County Waste & Recycling Serv., Inc. v. Twin Bridges Waste & Recycling, LLC, 2021 NY Slip Op. 50789(U), holding that an unfair competition claim can be based on false statements made about a competitor’s product . . . Continue reading Unfair Competition Claim Can be Based on False Statements About a Competitor’s Product
On August 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Contractors Compensation Trust v. $49.99 Sewer Man, Inc., 2021 NY Slip Op. 50787(U), holding that serving an electronic copy of a complaint on a defendant was not proper service, . . . Continue reading Defendant Must be Served With Paper Copy of Complaint
On August 11, 2021, the Second Department issued a decision in Tavor v. Lane Towers Owners, Inc., 2021 NY Slip Op. 04676, holding that use and occupancy is an equitable remedy . . . Continue reading Use and Occupancy Award is Equitable, Not Legal Remedy
