On December 19, 2024, the First Department issued a decision in International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2024 NY Slip Op. 06425, holding that a fraudulent inducement claim seeking contract-based damages does not defeat a contract’s jury waiver . . . Continue reading Fraudulent Inducement Claim Seeking Contract-Based Damages Does Not Defeat Contract’s Jury Waiver
On December 24, 2024, the First Department issued a decision in Paley v. Curious Holdings, LLC, 2024 NY Slip Op. 06544, holding that “as a mere member of [an] LLC, [a plaintiff] has no ownership right in its property” and so cannot assert a claim for conversion of the LLC’s property. Continue reading LLC Member Cannot Assert Claim for Conversion of LLC’s Property
On November 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Carloha, Inc. v. DC Nice Car, Inc., 2024 NY Slip Op. 34176(U), denying a motion to amend to add additional defendants made after the close of discovery as untimely . . . Continue reading Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely
On November 26, 2024, Justice Chan of the New York County Commercial Division issued a decision in WealthUnion Ventures LLC v. Yan, 2024 NY Slip Op. 34222(U), holding that an error or omission in an affidavit of service was a jurisdictional defect . . . Continue reading Error or Omission in an Affidavit of Service is a Jurisdictional Defect
On November 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Calen Invs. LLC v. Notias, 2024 NY Slip Op. 34272(U), holding a subpoena recipient in contempt for failure timely to respond to judgement collection discovery . . . Continue reading Subpoena Recipient Held in Contempt for Failing Timely to Respond to Judgment Collection Discovery
On November 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in ARC NYWWPJV001, LLC v. WWP JV LLC, 2024 NY Slip Op. 34298(U), holding that communications between businesspeople are privileged with they contained communications intended for counsel . . . Continue reading Communications Between Businesspeople Privileged When it Contained Communications Intended for Counsel
On December 4, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Avenue Capital Mgt. II, L.P. v. Chubb European Group S.E., 2024 NY Slip Op. 34296(U), holding that the fact that documents were designated confidential under a confidentiality order is insufficient, by itself, to justify sealing . . . Continue reading That Documents Were Designated Confidential Under a Confidentiality Order Insufficient to Justify Sealing
On December 4, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Selim 730 LLC v. SHVO 730 LLC, 2024 NY Slip Op. 34292(U), holding that fraudulent inducement allegations were insufficient to overcome an agreement’s arbitration clause then the alleged fraud di not relate to the arbitration provision . . . Continue reading Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision
On December 11, 2024, the Second Department issued a decision in R & G Brenner Income Tax Consultants v. Gilmartin, 2024 NY Slip Op. 06229, holding that counterclaims that relate to the plaintiff’s claims are not time-barred . . . Continue reading Counterclaims the Relate to Claims Not Time-Barred
On December 11, 2024, the Second Department issued a decision in Selene Fin., L.P. v. Beltran, 2024 NY Slip Op. 06230, holding that a detailed explanation of law office failure is sufficient to justify vacating a default judgment . . . Continue reading Detailed Explanation of Law Office Failure Sufficient to Justify Vacating Default
