All Lundin PLLC Blogs

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

Plaintiff Cannot Make a Claim for Setoff or Recoupment, Even if Framed as a Claim for Declaratory Judgment

On October 11, 2023, Justice Chan of the New York County Commercial Division issued a decision in BT Supplies W., Inc. v. Brookline, LLC, 2023 NY Slip Op. 33713(U), holding that a plaintiff cannot make a claim for setoff or recoupment, even if framed as a claim for declaratory judgment . . . Continue reading Plaintiff Cannot Make a Claim for Setoff or Recoupment, Even if Framed as a Claim for Declaratory Judgment

Bronx County Courthouse

Third-Party Claims Dismissed Because Not Based on Indemnification or Contribution

On October 23, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in Green Castle A. Mgmt Corp. v. B&V Dev., LLC, 2023 NY Slip Op. 51126(U), holding that third-party claims should be dismissed because they were not based on indemnification or contribution . . . Continue reading Third-Party Claims Dismissed Because Not Based on Indemnification or Contribution