All Lundin PLLC Blogs

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

Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim

On March 25, 2024, Justice Chan of the New York County Commercial Division issued a decision in Brand Squared LLC v. Ryse Up Sports Nutrition, LLC, 2024 NY Slip Op. 31031(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim

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

Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict

On April 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in Mandour v. Rafalsky, 2024 NY Slip Op. 31086(U), holding that a legal malpractice claim based on a conflict of interest accrues on the date the attorney should have disclosed the conflict but failed to do so . . . Continue reading Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Statute of Limitation/Laches

Fraudulent Conveyance Claim in Amended Complaint Relates Back to Original Complaint

On April 1, 2024, Justice Crane of the New York County Commercial Division issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2024 NY Slip Op. 31087(U), holding that a fraudulent conveyance claim in an amended complaint related back to the original complaint . . . Continue reading Fraudulent Conveyance Claim in Amended Complaint Relates Back to Original Complaint

Appellate Division, Second Department Courthouse
Commercial Case Notes / Summary Judgment

To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case

On April 3, 2024, the Second Department issued a decision in Incorporated Vil. of Freeport v. Albrecht, Viggiano, Zurich & Co., P.C., 2024 NY Slip Op. 01800, holding that to prevail on summary judgment, a defendant must establish a factual basis for non-liability and not just identify gaps in the plaintiff’s case . . . Continue reading To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case

Appellate Division, Second Department Courthouse
Commercial Case Notes / Corporations / Standing

Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated

On April 3, 2024, the Second Department issued a decision in Teva Realty, LLC v. Cornaga Holding Corp., 2024 NY Slip Op. 01833, holding that a defendant that dealt with an entity as a corporation cannot avoid its obligations to is because it was not properly incorporated . . . Continue reading Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated

Appellate Division First Department Courthouse
Commercial Case Notes / Sanctions

That Court Disagrees With Counsel’s Legal Positions Insufficient Basis for Imposing Sanctions

On April 2, 2024, the First Department issued a decision in Talos Capital Designated Activity Co. v. 257 Church Holdings LLC, 2024 NY Slip Op. 01786, holding that a court’s disagreements with counsel’s litigation positions is an insufficient basis for imposing sanctions . . . Continue reading That Court Disagrees With Counsel’s Legal Positions Insufficient Basis for Imposing Sanctions