On September 13, 2023, the Second Department issued a decision in Abraham v. Torati, 2023 NY Slip Op. 04561, affirming the dismissal of a GBL 349 claim for lack of allegations of public harm . . . Continue reading GBL 349 Claim Dismissed for Lack of Allegations of Public Harm
On September 13, 2023, the Second Department issued a decision in Bedford-Carp Constr., Inc. v. Brooklyn Union Gas Co., 2023 NY Slip Op. 04566, holding that a plaintiff sufficiently had alleged the close relationship needed for an unjust enrichment claim . . . Continue reading Close Relationship Needed for Unjust Enrichment Claim Met
On August 23, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Desanges v. All Taxi, Inc., 2023 NY Slip Op. 33123(U), dismissing a breach of contract claim for failure to identify which terms of the contract had been breached . . . Continue reading Breach of Contract Claim Dismissed for Failure to Identify Which Provision of the Contract Was Breached
On August 25, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Manda Intl. Corp. v. Red Hook 160 LLC, 2023 NY Slip Op. 33126(U), holding that an assignee does not automatically assume the obligations of the assignor . . . Continue reading Assignee Does Not Automatically Assume Obligations of Assignor
On September 7, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Chablaney v. Gemini Trust Co., LLC, 2023 NY Slip Op. 33127(U), holding that plaintiffs were bound by the terms of an online user agreement containing an arbitration provision . . . Continue reading Plaintiffs Bound by Arbitration Provision Added to Online User Agreement
On September 6, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Daiwa Corporate Advisory LLC v. Katapult Group, Inc., 2023 NY Slip Op. 33079(U), holding that a defendant could not use the doctrine of definiteness to defeat a breach of contract claim . . . Continue reading Defendant Cannot Use Doctrine of Definiteness to Defeat Contract Claim
On September 5, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 255 Butler Assoc. LLC v. 255 Butler, LLC, 2023 NY Slip Op. 33053(U), allowing a creditor to use credit bidding at a judicial sale . . . Continue reading Court Allows Creditor to Use Credit Bidding at Judicial Sale
On July 25, 2023, Justice Driscoll of the Nassau County Commercial Division issued a decision in Singh v. LCF Group, Inc., 2023 NY Slip Op. 33014(U), rejecting a claim that a merchant cash advance agreement was an usurious loan . . . Continue reading Court Rejects Claim that Merchant Cash Advance Agreement Was an Usurious Loan
On September 1, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Metropolitan Partners Fund IIIA, LP v. GemCap Lending I, LLC, 2023 NY Slip Op. 33042(U), finding personal jurisdiction under the de facto merger doctrine . . . Continue reading Court Finds Personal Jurisdiction Under De Facto Merger Doctrine
On September 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Owen v. Array US, Inc., 2023 NY Slip Op, 33056(U), holding that a New York court has jurisdiction to decide a stock ownership dispute under Delaware General Corporation Law Section 205 . . . Continue reading New York Court Has Jurisdiction to Decide Ownership Dispute Under Delaware General Corporation Law 205
