On July 8, 2024, Judge Patel of the New York County Commercial Division issued a decision in Charlier v. Agri-Fintech Holdings, Inc., 2024 NY Slip Op. 32645(U), denying a motion for default judgment for failure properly to serve the motion . . . Continue reading Inadequate Service Dooms Motion for Default Judgment
On July 23, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gold v. Freeway Carriers Inc., 2024 NY Slip Op. 32551(U), dismissing a motion to confirm an arbitral award for failure to bring it within one year . . . Continue reading Motion to Confirm Arbitral Award Dismissed for Failure to Move Within One Year
On July 23, 2024, Justice Chan of the New York Commercial Division issued a decision in SD Stability SDIRA, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 32556(U), holding that the return date for a motion for summary judgment in lieu of complaint must be after the defendant’s time to appear . . . Continue reading Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear
On July 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Citilink Motors, LLC v. Joel K. Holding Co, LLC, 2024 NY Slip Op. 32560(U), holding that a note with a criminally usurious rate is void . . . Continue reading Note With Criminally Usurious Interest Rate is Void
On July 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Pfanner v. Anderson, 2024 NY Slip Op. 32576(U), holding that a buyer who had no reason to think a deed was not valid was a good faith purchaser and was entitled to possession of the property . . . Continue reading Buyer Who Had No Reason to Think Deed Was Not Valid Was Good Faith Purchaser
On July 23, 2024, Justice Masley of the New York County Commercial Division issued a decision in Feld v. Viceroy Devices Corp., 2024 NY Slip Op. 32583(U), holding that a defendant waived the right to rely on a forum selection clause by participating in an action . . . Continue reading Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action
On July 29, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Peck v. Milbank LLP, 2024 NY Slip Op. 32596(U), holding that the judicial proceedings privilege did not bar a Judiciary Law Section 487 claim . . . Continue reading Judicial Proceedings Privilege Does Not Bar Judiciary Law Section 487 Claim
On July 23, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Supplybit, LLC v. Standard Power Hosting Infra Co., LLC, 2024 NY Slip Op. 32613(U), holding that an unjust enrichment claim cannot be based on damages arising from rights under a contract . . . Continue reading Unjust Enrichment Claim Cannot Be Based on Damages Arising from Rights Under Contract
On July 9, 2024, Justice Chan of the New York County Commercial Division issued a decision in Jefferies Leveraged Credit Prods., LLC v. Invictus Global Mgt., LLC, 2024 NY Slip Op. 32620(U), holding that a general partner can be sued based on the general partnership’s contracts . . . Continue reading General Partner Can Be Sued Based on the General Partnership’s Contracts
On August 1, 2024, the Third Department issued a decision in Powerflex Solar, LLC v. Solar PV Pros, LLC, 2024 NY Slip Op. 04102, dismissing a conversion claim based on the failure to turn over money . . . Continue reading Conversion Claim Based on Failure to Turn Over Money Owed Dismissed
