All Lundin PLLC Blogs

Appellate Division First Department Courthouse
Commercial Case Notes / Tortious Interference

Tortious Interference With Business Advantage Claim Fails Due to Inadequate Allegations of Defendant’s Bad Conduct

On May 20, 2025, the First Department issued a decision in Beast Invs., LLC v. Celebrity Virtual Dining, LLC, 2025 NY Slip Op. 03012, holding that a tortious interference with prospective business advantage claim failed because it inadequately alleged the defendant’s bad conduct . . . Continue reading Tortious Interference With Business Advantage Claim Fails Due to Inadequate Allegations of Defendant’s Bad Conduct

Appellate Division First Department Courthouse
Commercial Case Notes / Damages

Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price

On May 22, 2025, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2025 NY Slip Op. 03153, holding that a defendant liable for failing to close a transaction was liable for pre-judgment interest only on the plaintiff’s loss, not the entire transaction price . . . Continue reading Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Damages / Indemnification, Advancement and Attorneys' Fees

Party is Prevailing Party When it Obtains Central Relief Sought

On May 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Gehl Foods, LLC v. Worldwide Sport Nutritional Supplements, Inc., 2025 NY Slip Op. 31602(U), holding that a party is a prevailing party for purposes of an attorneys’ fees award when it obtained the central relief it sought . . . Continue reading Party is Prevailing Party When it Obtains Central Relief Sought

New York Court of Appeals, 20 Eagle St., Albany, NY 12207
Choice of Forum/Forum Non Conveniens / Commercial Case Notes

That One of Multiple Plaintiffs is a New York Resident Does Not Bar a Forum Non Conveniens Motion

On May 20, 2025, the Court of Appeals issued a decision in Haussmann v. Baumann, 2025 NY Slip Op. 03009, holding that just because one of several plaintiffs was a New York resident did not bar a forum non conveniens motion . . . Continue reading That One of Multiple Plaintiffs is a New York Resident Does Not Bar a Forum Non Conveniens Motion

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Discovery/Disclosure

When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue

On May 9, 2025, Justice Cohen of the New York County Commercial Division issued a decision in FitzCon Constr./Ren Corp. v. 5531-321 E. 22nd St. Manhattan LLC, 2025 NY Slip Op. 31692(U), holding that when a party fails to respond to a Notice to Admit is is deemed to have admitted the facts at issue . . . Continue reading When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue

Appellate Division, Second Department Courthouse
Commercial Case Notes / Contracts / Real Property

Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages

On May 14, 2025, the Second Department issued a decision in JP Pizza Eastport, LLC v. Luigi’s Main St. Pizza, Inc., 2025 NY Slip Op. 02915, holding that a buyer’s anticipatory repudiation of a purchase contract entitled the seller to retain the buyer’s down payment as liquidated damages . . . Continue reading Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages