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New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership

On June 2, 2025, Justice Masley of the New York County Commercial Division issued a decision in Gammon Collection Inc. v. Athena Art Fin. Corp., 2025 NY Slip Op. 31945(U), holding that a claim for conversion did not accrue until the defendant was on notice of the plaintiff’s claim of ownership, notwithstanding the defendant’s failure to conduct due diligence regarding ownership . . . Continue reading Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership

Commercial Case Notes / Contracts

Statute of Frauds Does Not Bar Oral Agreement to Provide Information Used to Facilitate Sales

On May 23, 2025, Justice Patel of the New York County Commercial Division issued a decision in Essence Communications LLC v. Group Black Inc., 2025 NY Slip Op. 31934(U), holding that the Statute of Frauds, which bars oral agreements to assist in negotiating a business opportunity, does not apply to an oral agreement to provide information used to facilitate sales . . . Continue reading Statute of Frauds Does Not Bar Oral Agreement to Provide Information Used to Facilitate Sales

Commercial Case Notes / Reconsideration/Renewal/Reargument

Party That Moved For Summary Judgment Before Discovery Was Complete Cannot Seek Renewal Based Upon Post-Motion Discovery

On June 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Cullinan v. New York Univ., 2025 NY Slip Op. 50945(U), holding that where a party moved for summary judgment before discovery was complete, it cannot seek renewal based on post-motion discovery . . . Continue reading Party That Moved For Summary Judgment Before Discovery Was Complete Cannot Seek Renewal Based Upon Post-Motion Discovery

Appellate Division First Department Courthouse

Commercial Case Notes / Veil Piercing/Alter Ego

Alter Ego Found Where Defendant Did Not Maintain Separate Accounts or Observe Corporate Formalities

On June 12, 2025, the First Department issued a decision in Yang v. Knights Genesis Group, 2025 NY Slip Op. 03641, upholding alter ego liability when the defendant did not maintain separate accounts or observe corporate formalities . . . Continue reading Alter Ego Found Where Defendant Did Not Maintain Separate Accounts or Observe Corporate Formalities

Commercial Case Notes / Contracts

Trade Confirmation Adequately Alleged to be Binding Agreement

On June 12, 2025, the First Department issued a decision in Ceratosaurus Invs., LLC v. B2C Alternative Equity, LLC, 2025 NY Slip Op. 03630, holding that a trade confirmation was adequately alleged to be a binding agreement . . . Continue reading Trade Confirmation Adequately Alleged to be Binding Agreement

Commercial Case Notes / Summary Judgment

Motion for Summary Judgment Under CPLR 3212 May Not Be Made Before Defendant Answers

On May 30, 2025, Justice Reed of the New York County Commercial division issued a decision in Batneft Co. v. Commerja-X Corp., 2025 NY Slip Op. 50900(U), denying a motion for summary judgment under CPLR 3212 because it was made before the defendant answered . . . Continue reading Motion for Summary Judgment Under CPLR 3212 May Not Be Made Before Defendant Answers

Commercial Case Notes / Contracts

Plaintiff Not Entitled to Consequential Damages Not Contemplated by Parties When Contract Made

On June 6, 2025, the Fourth Department issued a decision in Vermillion v. Roofing Guys, Inc., 2025 NY Slip Op. 03457, holding that a plaintiff was not entitled to consequential damages when they were not contemplated for when the contract was made . . . Continue reading Plaintiff Not Entitled to Consequential Damages Not Contemplated by Parties When Contract Made

Appellate Division, Second Department Courthouse

Commercial Case Notes / Partnerships

Allegations Regarding the Existence of a Joint Venture Fail for Lack of Agreement to Share Both Profits and Losses

On June 4, 2025, the Second Department issued a decision in IPA Asset Mgt., LLC v. Schuman, 2025 NY Slip Op. 03314, dismissing claims based on the existence of a joint venture for lack of allegations of an agreement to share both profits and losses . . . Continue reading Allegations Regarding the Existence of a Joint Venture Fail for Lack of Agreement to Share Both Profits and Losses

Choice of Forum/Forum Non Conveniens / Commercial Case Notes

Suit Where the Main Parties on Both Sides are Foreign Residents Dismissed on Forum Non Conveniens Grounds

On June 3, 2025, the First Department issued a decision in Zhakiyanov v. Ogai, 2025 NY Slip Op. 03294, affirming the dismissal of a suit on forum non conveniens grounds when the main parties on both sides were foreign residents . . . Continue reading Suit Where the Main Parties on Both Sides are Foreign Residents Dismissed on Forum Non Conveniens Grounds

Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Fails for Lack of Due Diligence

On June 3, 2025, the First Department issued a decision in Skyview Capital, LLC v. Conduent Business Servs., LLC, 2025 NY Slip Op. 03291, holding that a fraud claim failed for lack of reasonable reliance based on due diligence . . . Continue reading Fraud Claim Fails for Lack of Due Diligence

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