All Lundin PLLC Blogs

Appellate Division First Department Courthouse

No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard

On January 26, 2023, the First Department issued a decision in Needham & Co., LLC v. UPHealth Holdings, Inc., 2023 NY Slip Op. 00376, holding that an agreement did not include the duty to indemnify the plaintiff’s attorneys’ fees because that duty was not set forth in unmistakably clear language . . . Continue reading No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard

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

Delay Without Prejudice is Insufficient Basis for Denying a Motion to Amend

On January 5, 2023, Justice Reed of the New York County Commercial Division issued a decision in Magnetic Parts Trading Ltd. v. National Air Cargo Group, Inc., 2023 NY Slip Op. 30166(U), holding that delay without prejudice is an insufficient basis for denying a motion to amend . . . Continue reading Delay Without Prejudice is Insufficient Basis for Denying a Motion to Amend

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

When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice

On January 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2023 NY Slip Op. 30167(U), holding that when an issue on a motion to dismiss was one of law, the court could convert the motion to on for summary judgment without notice . . . Continue reading When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice