On March 20, 2024, the Second Department issued a decision in Saleh v. Hudson 418 Riv. Rd., Ltd., 2024 NY Slip Op. 01573, holding that an injunction granted on default should not have been vacated when there was no reasonable excuse for the default . . . Continue reading Court Erred in Vacating Injunction Granted on Default When There Was No Reasonable Excuse for the Default
On March 27, 2024, the Second Department issued a decision in Michael Anthony Contr. Corp. v. Queens N.Y. Realty, LLC, 2024 NY Slip Op. 01704, holding that there can be no contribution claim without a duty owed to the plaintiff or the defendant seeking contribution . . . Continue reading No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant
On March 27, 2024, the Second Department issued a decision in Regal Commodities v. Tauber, 2024 NY Slip Op. 01736, holding that an agent who negotiated a contract on behalf of a disclosed principal was not bound by the contract . . . Continue reading Agent Not Bound to Agreement Where Principal Was Disclosed
On March 27, 2024, the Second Department issued a decision in Twitchell Tech. Prods., LLC v. Mechoshade Sys., LLC, 2024 NY Slip Op. 01744, analyzing the enforceability of a restrictive covenant in a commercial contract . . . Continue reading Second Department Analyzes Enforceability of Restrictive Covenant in Commercial Contract
On March 19, 2024, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2024 NY Slip Op. 01525, holding that a second motion to dismiss was barred by the one motion rule . . . Continue reading Motion to Dismiss Barred by Single Motion Rule
On March 15, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Midland Min. Ltd. v. Frank, 2024 NY Slip Op. 50313(U), holding that a defendant’s failure timely to check his mail was no excuse for failing timely to answer . . . Continue reading Failure Timely to Check Mail Is No Excuse for Failure Timely to Answer
On March 26, 2024, the First Department issued a decision in IKB Intl. S.A. v. Morgan Stanley, 2024 NY Slip Op. 01675, clarifying the limits of champerty claims . . . Continue reading First Department Clarifies Limits of Champerty Claims
On March 26, 2024, the First Department issued a decision in Barzilai v. Israel Museum, 2024 NY Slip Op. 01669, holding that potential statute of limitations issues in a foreign jurisdiction was an insufficient basis for a forum non conveniens motion . . . Continue reading Potential Statute of Limitations Issues in Foreign Jurisdiction Insufficient Basis for Forum Non Conveniens Motion
On March 28, 2024, the First Department issued a decision in Lis v. Lancaster, 2024 NY Slip Op. 01763, holding that a court may assess monetary discovery sanctions even if a motion for sanctions does not seek them . . . Continue reading Court May Assess Monetary Discovery Sanctions Even if Motion for Sanctions Does Not Seek Them
On March 19, 2024, the Court of Appeals issued a decision in Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 2024 NY Slip Op. 01497, holding that a Judiciary Law Section 487 claim may be brough in a plenary action . . . Continue reading Section 487 Claim May be Brought in a Plenary Action
