All Lundin PLLC Blogs

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Unjust Enrichment Claim Fails for Lack of Close Relationship Between Plaintiff and Defendant

On July 5, 2024, Justice Masley of the New York County Commercial Division issued a decision in Multiplier Inc. v. Moreno, 2024 NY Slip Op 32290(U), dismissing an unjust enrichment claim because of the lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Close Relationship Between Plaintiff and Defendant

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule

On July 8, 2024, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2024 NY Slip Op. 32315(U), holding that a motion to dismiss claims in an amended complaint that were in the original complaint violate the single motion rule . . . Continue reading Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Under Filed Rate and Primary Jurisdiction Doctrines, Court Defers to PSC on Propriety of Con-Ed Charge

On June 29, 2024, Justice Patel of the New York County Commercial Division issued a decision in Mycklebust v. Consolidated Edison Co. of N.Y., Inc., 2024 NY Slip Op. 50837(U), holding that under the filed rate and primary jurisdiction doctrines, the court should defer to the Public Service Commission on the propriety of a Con-Edison charge . . . Continue reading Under Filed Rate and Primary Jurisdiction Doctrines, Court Defers to PSC on Propriety of Con-Ed Charge

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Court Appoints Receiver to Collect Assets from Foreign Subsidiary of Judgment Debtor

On June 26, 2024, Justice Masley of the New York County Commercial Division issued a decision in AT&T Mobility Holdings B.V. v. Grupo Salinas Telecom, S.A. DE C.V., 2024 NY Slip Op. 32169(U), appointing a receiver to collect assets of a foreign subsidiary of a judgment debtor . . . Continue reading Court Appoints Receiver to Collect Assets from Foreign Subsidiary of Judgment Debtor

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Fraudulent Inducement Claims Do Not Invalidate Forum Selection Clause

On June 18, 2024, Justice Chan of the New York County Commercial Division issued a decision in United Acquisition Corp. v. MedCap Growth Equity Fund I, LP, 2024 NY Slip Op. 32115(U), holding that fraudulent inducement claims did not invalidate a contract’s forum selection clause . . . Continue reading Fraudulent Inducement Claims Do Not Invalidate Forum Selection Clause

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)

Side Letter Granting Lender Part Ownership of the Borrower Did Not Make the Related Loan Usurious

On June 17, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Manna Capital Solutions LLC v. W & D Consultants Corp., 2024 NY Slip Op. 32061(U), holding that a side letter granting a lender part ownership of the borrower did not make the related loan usurious . . . Continue reading Side Letter Granting Lender Part Ownership of the Borrower Did Not Make the Related Loan Usurious