On March 19, 2024, the Court of Appeals issued a decision in Favourite Ltd. v. Cico, 2024 NY Slip Op. 01496, holding that a court may allow amendment of a complaint that has been dismissed, even after the Appellate Division has affirmed the dismissal of the complaint . . . Continue reading Court May Allow Amendment of Dismissed Complaint
On March 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Greenman v. Miller, 2024 NY Slip Op. 30709(U), awarding fees based on a proportional division of the total fees between compensable and non-compensable claims . . . Continue reading Court Awards Fees Based on Proportional Division of Total Fees between Compensable and Non-Compensable Claims
On March 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Barons Media, LLC v. Shapiro Legal Group, PLLC, 2024 NY Slip Op. 30710(U), dismissing a declaratory judgment claim because other claims provided the relief sought . . . Continue reading Declaratory Judgment Claim Dismissed Because Other Claims Provided the Relief Sought
On March 7, 2024, Justice Borrok of the New York County Commercial Division issued a decision in UNO A Brokerage Inc v. Inshur, Inc., 2024 NY Slip Op. 30733(U), holding that an alleged oral commission agreement was barred by the statue of frauds and not saved by alleged part performance . . . Continue reading Oral Commission Agreement Barred by Statute of Frauds, Not Saved by Alleged Part Performance
On March 8, 2024, Justice Crane of the New York County Commercial Division issued a decision in Slifka v. Slifka, 2024 NY Slip Op. 30753(U), holding that a lack of standing is not a basis for staying an arbitration . . . Continue reading Lack of Standing is not Basis for Staying Arbitration
On March 12, 2024, Justice Bannon of the New York County Commercial Division issued a decision in 373-381 PAS Assoc., LLC v. Moss & Moss LLP, 2024 NY Slip Op. 30794(U), holding that the failure timely to move for default judgment was excused by the plaintiff’s desire not to disrupt settlement negotiations . . . Continue reading Failure Timely to Move for Default Judgment Excused by Desire Not to Disrupt Settlement Negotiations
On March 15, 2024, the Fourth Department issued a decision in Vial v. Velocity Servers, Inc., 2024 NY Slip Op. 01464, holding that a trial court erred in granting summary judgment on a claim that was not the subject of a motion to summary judgment . . . Continue reading Court Erred in Granting Summary Judgment on a Claim That Was Not the Subject of a Motion for Summary Judgment
On March 14, 2024, the First Department issued a decision in J.S.I.K. Intl. LLC v. Schuster, 2024 NY Slip Op. 01345, holding that an injunction was properly denied because the availability of money damages meant that there was no irreparable harm . . . Continue reading Injunction Denied Because Availability of Money Damages Meant that There Was No Irreparable Harm
On March 14, 2024, the First Department issued a decision in Matter of Barclays Capital Inc. v. Carreras, 2024 NY Slip Op. 01336, holding that a party could not appeal a decision on a petition that it did not oppose . . . Continue reading Party Cannot Appeal Decision on Petition it Did Not Oppose
On March 6, 2024, the Second Department issued a decision in Alleon Capital Partners v. Choudhry, 2024 NY Slip Op. 01165, holding that the usury law did not apply to a loan with a principal amount over $2.5 million . . . Continue reading Usury Law Not Applied to Loan with Over $2.5 Million Principal Amount
