All Lundin PLLC Blogs

Appellate Division, Second Department Courthouse
Choice of Forum/Forum Non Conveniens / Commercial Case Notes / Insurance

Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska

On April 17, 2024, the Second Department issued a decision in Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc., 2024 NY Slip Op. 02032, refusing to enforce a forum selection clause requiring a challenge to an insurance policy under New York law to be heard in Nebraska . . . Continue reading Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska

Appellate Division, Second Department Courthouse
Commercial Case Notes / Evidence

Summary Judgment Motion Fails For Lack of Proof That Evidence Submitted in Support Were Business Records

On April 17, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Demasco, 2024 NY Slip Op. 02033, holding that a summary judgment motion failed for lack of proof that the evidence submitted in support of it were business records . . . Continue reading Summary Judgment Motion Fails For Lack of Proof That Evidence Submitted in Support Were Business Records

Appellate Division First Department Courthouse
Commercial Case Notes / Contracts / Fraud/Misrepresentation

Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim

On April 16, 2024, the First Department issued a decision in Ho v. Star Contrs., Inc., 2024 NY Slip Op. 02014, holding that a fraud claim based on alleged misrepresentations regarding the performance of a contract should be dismissed as duplicative of a breach of contract claim . . . Continue reading Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim

Appellate Division First Department Courthouse
Commercial Case Notes / Default Judgment

Counsel’s Failure to Answer or Oppose Motion for Default Despite Telling Defendant He Would Do So Reasonable Excuse Justifying Vacating the Default

On April 18, 2024, the First Department issued a decision in JDS Constr. Group LLC v. Copper Servs., LLC, 2024 NY Slip Op. 02097, holding that counsel’s failure to answer or oppose a motion for default judgment despite telling the client he would do so was a reasonable excuse for the default justifying vacating the default . . . Continue reading Counsel’s Failure to Answer or Oppose Motion for Default Despite Telling Defendant He Would Do So Reasonable Excuse Justifying Vacating the Default

New York Court of Appeals, 20 Eagle St., Albany, NY 12207
Commercial Case Notes / Personal Jurisdiction

Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct

On April 18, 2024, the Court of Appeals issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, 2024 NY Slip Op. 02081, holding that a buyer in an asset purchase acquisition was subject to personal jurisdiction based on the seller’s conduct . . . Continue reading Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Summary Judgment

Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

On April 5, 2024, Justice Chan of the New York County Commercial Division issued a decision in Wietschner v. 9 Vandam JV LLC, 2024 NY Slip Op. 31172(U), holding that questions of fact regarding whether a note was in default precluded a motion for summary judgment in lieu of complaint . . . Continue reading Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Motion to Dismiss

Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)

On April 6, 2024, Justice Masley of the New York County Commercial Division issued a decision in Zurich Am. Ins. Co. v. Providence Capital LLC, 2024 NY Slip Op. 31202(U), holding that a motion to dismiss a defense can be made on any ground, not just those listed in CPLR 3211(a) . . . Continue reading Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)