On May 9, 2023, the First Department issued a decision in PJSC Natl. Bank Trust v. Pirogova, 2023 NY Slip Op. 02469, holding tha a trial court did not abuse its discretion in deciding an issue of foreign law without expert evidence . . . Continue reading Court Did Not Abuse Discretion in Deciding Issue of Foreign Law Without Expert Evidence
On May 2, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in Surgical Specialists of Greater N.Y. v. Aetna, Inc., 2023 NY Slip Op. 31479(U), holding that the question of the authority of the person who signed an agreement on behalf of a medical practice is, under the AAA rules, for the arbitrator to determine . . . Continue reading Question of Whether Signer Had Authority to Sign on Behalf of Medical Practice is, Under AAA Rules, for Arbitrator to Determine
On May 3, 2023, the Second Department issued a decision in Trovato v. Galaxy Sanitation Servs. of N.Y., Inc., 2023 NY Slip Op. 02348, dismissing an appeal for failure to submit an adequate record . . . Continue reading Appeal Dismissed for Failure to Submit Adequate Record
On May 4, 2023, the First Department issued a decision in MRE Tech. Solutions LLC v. Smiths Detection, Inc., 2023 NY Slip Op. 02387, holding that refusing to negotiate was an insufficient basis for equitable estoppel . . . Continue reading Refusing to Negotiate Insufficient Basis for Equitable Estoppel
On May 4, 2023, the First Department issued a decision in Mah v. 40-44 W. 120th St. Assoc. LLC, 2023 NY Slip Op. 02382, holding that a party lost the right to appeal an issue by abandoning an earlier appeal raising the same issue . . . Continue reading Party Loses Right to Appeal by Abandoning an Earlier Appeal Raising the Same Issue
On May 4, 2023, the First Department issued a decision in 180 Life Sciences Corp. v. Tyche Capital LLC, 2023 NY Slip Op. 02376, holding that an undertaking did not need to be increased just because the defendant’s stock price dropped . . . Continue reading Undertaking Need Not be Increased Because of Drop in Defendant’s Stock Price
On April 17, 2023, Justice Chan of the New York County Commercial Division issued a decision in Millennium Consol. Holdings, LLC v. Bluefin Capital Mgt., LLC, 2023 NY Slip Op. 31271(U), upholding a tortious interference with contract claim based on a non-compete provision . . . Continue reading Tortious Interference with Contract Claim Based on Non-Compete Provision Upheld
On April 12, 2023, Justice Chan of the New York County Commercial Division issued a decision in Hafeez v. American Express Co., 2023 NY Slip Op. 31273(U), upholding a common law claim to inspect a corporation’s books and records despite the plaintiff’s failure properly to bring a statutory action to inspect books and records . . . Continue reading Common Law Books and Records Claim Survives Despite Failure Properly to Bring Statutory Claim
On April 19, 2023, Justice Ruchelsman of the Kings County Supreme Court issued a decision in Jiang v. Howe, 2023 NY Slip Op. 31304(U), holding that the Statute of Frauds barred a contract claim relating to a real estate investment . . . Continue reading Statute of Frauds Bars Claim Regarding Real Estate Investment
On April 20, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Atlantic Specialty Ins. Co. v. Landmark Unlimited, Inc., 2023 NY Slip Op. 31308(U), declining to dismiss a claim for prima facie tort . . . Continue reading Court Declines to Dismiss Claim for Prima Facie Tort
