On February 22, 2024, the First Department issued a decision in EPAC Tech., Inc. v. John Wiley & Sons, Inc., 2024 NY Slip Op. 00933, holding that a plaintiff’s breach of contract failed because the plaintiff had repudiated the contract . . . Continue reading Plaintiff’s Contract Claim Fails Because it Repudiated the Contract
On February 8, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Shetty v. Bank of Baroda, 2024 NY Slip Op. 30454(U), authorizing service by Continue reading Court Authorizes E-Mail Service When Service Under the Hague Convention Impractical
On February 13, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Brighton Bldr. LLC. v. Bedford Landscape Contrs., LLC, 2024 NY Slip Op. 30475(U), holding that a conversion claim cannot be based on a contractual debt . . . Continue reading Conversion Claim Cannot be Based on Mere Debt Owed
On February 13, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in David v. Arbie Processing, LLC, 2024 NY Slip Op. 30476(U), holding that allegations of domination, without more, were insufficient to support veil piercing claims . . . Continue reading Allegations of Domination, Without More, Insufficient to Support Veil Piercing Claims
On February 9, 2024, Justice Borrok of the New York County Commercial Division issued a decision in HOV Servs., Inc. v. ASG Techs. Group, Inc., 2024 NY Slip Op. 30456(U), holding that the continuing wrong doctrine defeated a statute of limitations defense . . . Continue reading Continuing Wrong Doctrine Defeats Statute of Limitations Argument
On February 15, 2024, the First Department issued a decision in Black v. Phoenix Cayman Ltd., 2024 NY Slip Op. 00797, holding that a few e-mails and meetings in New York were insufficient to create personal jurisdiction in New York . . . Continue reading E-mails and a Few Meetings in New York Insufficient to Create Personal Jurisdiction
On February 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in TS Falcon I, LLC v. Golden Mtn. Fin. Corp., 2024 NY Slip Op. 30386(U), holding that a commitment to make a loan for over $2.5 million is not subject to the criminal usury law . . . . Continue reading Loan Commitment for Over $2.5 Million Not Subject to Criminal Usury Law
On February 5, 2024, Justice Borrok of the New York County Commercial Division issued a decision in One Riv. Run Acquisition, LLC v. Milde, 2024 NY Slip Op. 30403(U), holding that a joint venturer’s agreement to seek funding does not create a special relationship . . . Continue reading Joint Venturer’s Agreement to Seek Funding Does Not Create a Special Relationship
On February 6, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Libertas Funding, LLC v. Travelland RV, Inc., 2024 NY Slip Op. 30415(U), holding that the Business Corporations Law does not bar a suit by a non-resident against a foreign LLC in New York . . . Continue reading BCL Does Not Bar Non-Resident’s Suit Against Foreign LLC in New York
On February 2, 2024, the Fourth Department issued a decision in Capizzi v. Brown Chiari LLP, 2024 NY Slip Op. 00535, holding that an oral partnership agreement trumps the default rules of the Partnership Law . . . Continue reading Oral Agreement Can Trump Partnership Law
