On September 5, 2023, Justice Doyle of the 7th Judicial District Commercial Division issued a decision in Byzfunder NY LLC v. Holy City Collision LLC, 2023 NY Slip Op. 50941(U), refusing to enforce a liquidated damages provision as an unenforceable penalty . . . Continue reading Court Refuses to Enforce Liquidated Damages Provision as an Unenforceable Penalty
On September 5, 2023, Justice Doyle of the 7th Judicial District Commercial Division issued a decision in Samson Lending LLC v. Greenfield Mgt. LLC, 2023 NY Slip Op. 23267, refusing to enforce a choice of law provision that would have saved a contract that was usurious under New York law . . . Continue reading Court Refuses to Enforce Choice of Law Provision That Would Have Saved Contract that was Usurious Under New York Law
On September 1, 2023, Justice Reed of the New York County Commercial Division issued a decision in Lakeland Bank v. Beach, 2023 NY Slip Op. 50931(U), rejecting a challenge to a stipulation of settlement . . . Continue reading Court Rejects Challenge to Stipulation of Settlement
On August 28, 2023, Justice Crane of the New York County Commercial Division issued a decision in Fortelus Funds Invs. Trust v. Hellas Telecom. (Luxembourg) II SCA, 2023 NY Slip Op. 32978(U), rejecting a champerty defense where the plaintiffs had purchased defaulted bonds with the intention of suing to collect on them . . . Continue reading Court Rejects Champerty Defense Where Plaintiffs Had Purchased Defaulted Bonds with the Intention of Suing to Collect on Them
On August 23, 2023, Justice Crane of the New York County Commercial Division issued a decision in US Pony Holdings, LLC v. Fashion Footwear LLC, 2023 NY Slip Op. 32929(U), holding that a declaratory judgment claim was appropriate when it will affect the parties’ conduct . . . Continue reading Declaratory Judgment Appropriate When a Decision Will Affect on the Parties’ Conduct
On August 25, 2023, Justice Chan of the New York County Commercial Division issued a decision in DBI Lease Buyback Servicing LLC v. Mullen Auto., Inc., 2023 NY Slip Op. 32995(U), rejecting a request for advancement of fees . . . Continue reading Court Rejects Motion for Advancement of Fees
On August 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Ascend Wellness Holdings, Inc. v. MedMen NY, Inc., 2023 NY Slip Op. 32872(U), Continue reading Anti-SLAPP Statute Does Not Apply to Private Contract Dispute Despite Connection to Public Interest
On August 21, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Musso v. OTR Media Group, Inc., 2023 NY Slip Op. 32896(U), striking an answer for failure to provide discovery . . . Continue reading Court Strikes Answer for Failure to Provide Discovery
On August 23, 2023, the Second Department issued a decision in U.S. Bank N.A. v. Henry, 2023 NY Slip Op. 04391, holding that the adequacy of service turned on fact questions, including the defendant’s failure to file a change of address form with the U.S. Postal Service . . . Continue reading Adequacy of Service Turns on Fact Questions, Including the Defendant’s Failure to File a Change of Address Form with the USPS
On August 1, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 170 Tillary Corp. v. Gold Tillary Realty LLC, 2023 NY Slip Op. 32724(U), holding that if a landlord issues a notice to cure regarding unpaid rent, a tenant may seek a Yellowstone injunction seeking time to cure the failure to pay rent . . . Continue reading Tenant May Seek a Yellowstone Injunction to Cure Failure to Pay Rent
