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
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
