On December 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in 63 Co., LLC v. 63rd & 3rd NYC LLC, 2024 NY Slip Op. 34393(U), severing third-party claims to avoid prejudice to the parties . . . Continue reading Court Severs Third-Party Action to Avoid Prejudice to Parties
On December 12, 2024, Justice Cohen of the New York County Commercial Division issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC, 2024 NY Slip Op. 34400(U), holding that the fiduciary exception to attorney-client privilege does not apply when fiduciary duties have been waived . . . Continue reading Fiduciary Exception to Attorney-Client Privilege Does Not Apply When Fiduciary Duties Have Been Waived
On December 14, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Gupta v. Gupta, 2024 NY Slip Op. 34411(U), allowing a plaintiff to serve a defendant by express mail plus e-mail to the defendant’s son . . . Continue reading Court Allows Plaintiff to Serve Defendant by Express Mail Plus E-mail to Defendant’s Son
On December 10, 2024, Justice Bannon of the New York County Commercial Division issued a decision in TPCAF I, LLC v. Aboutaam, 2024 NY Slip Op. 34420(U), holding that a lender is not required to foreclose on collateral rather than sue for the amount due on the loan . . . Continue reading Lender is Not Required to Foreclose on Collateral Rather Than Sue for Amount Due on Loan
On December 9, 2024, Justice Crane of the New York County Commercial Division issued a decision in GoGreen Diamonds Inc. v. Quantum Jewelry LLC, 2024 NY Slip Op. 34431(U), denying a motion for summary judgment on a quantum valebant claim because there were questions of fact regarding the value of the goods sold . . . Continue reading Summary Judgment on Quantum Valebant Claim Denied Due to Questions of Fact Regarding Value of Goods Sold
On December 11, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Cyprium Therapeutics, Inc. v. Curia Global, Inc., 2024 NY Slip Op. 51698(U), holding that whether a party can recover on an injunction undertaking is determined by the final decision on the merits . . . Continue reading Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits
On December 24, 2024, the Second Department issued a decision in Bayview Loan Servicing, LLC v. Ashkenazi, 2024 NY Slip Op. 06576, holding that a bare denial of service is insufficient to rebut a process server’s affidavit . . . Continue reading Bare Denial of Service Insufficient to Rebut Process Server Affidavit
On December 17, 2024, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2024 NY Slip Op. 06318, holding that statutory interest must be based on the damages actually awarded . . . Continue reading Statutory Interest Must Be Based on Damages Actually Awarded
On December 17, 2024, the First Department issued a decision in Riverdale Jewish Ctr. v. Consolidated Edison Co. of N.Y., Inc., 2024 NY Slip Op. 06314, holding that a claim was properly dismissed under the primary jurisdiction doctrine . . . Continue reading Claim Properly Dismissed Under Primary Jurisdiction Doctrine
On December 19, 2024, the First Department issued a decision in Cantor Fitzgerald & Co. v. ObvioHealth Pte Ltd., 2024 NY Slip Op. 06421, holding that an agreement was not sufficiently specific to create an exclusive right to sell . . . Continue reading Agreement Was Not Sufficiently Specific to Create an Exclusive Right to Sell
