On December 20, 2023, Justice Chan of the New York County Commercial Division issued a decision in Tasinari v. DeMatteo, 2023 NY Slip Op 34477(U), sanctioning a plaintiff for bringing a frivolous lawsuit . . . Continue reading Party Sanctioned for Bringing a Frivolous Lawsuit
On December 22, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Antara Capital Master Fund LP v. Bombardier Inc., 2023 NY Slip Op. 34524(U), holding that a party’s exercise of discretion explicitly granted to it can still breach the covenant of good faith and fair dealing . . . Continue reading Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing
On December 22, 2023, Justice Chan of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Richmond Stuyvesant Holdings, LLC, 2023 NY Slip Op. 34525(U), holding that despite the dismissal of claims against then, defendants should nonetheless be sanctioned for discovery misconduct . . . Continue reading Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct
On December 23, 2023, Justice Cohen of the New York County Commercial Division issued a decision in O’Connor v. Society Pass Inc., 2023 NY Slip Op. 34535(U), holding that a fraudulent inducement claim must be based on statements of fact, not opinions . . . Continue reading Fraudulent Inducement Claim Must Be Based on Statements of Fact, Not Opinions
On December 21, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Crespi v. PHD GBW, 2023 NY Slip Op. 34509(U), holding that LLC Law 808 does not bar an unregistered foreign LLC from asserting counterclaims . . . Continue reading LLC Law Does Not Bar Unregistered Foreign LLC from Asserting Counterclaims
On December 27, 2023, the Second Department issued a decision in Bhatara v. Kolaj, 2023 NY Slip Op. 06721, granting a plaintiff additional time to serve a defendant . . . Continue reading Plaintiff Given Additional Time to Serve When Initial Service was Defective
On December 27, 2023, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Mangi, 2023 NY Slip Op. 06725, noting the distinction between a person’s last known address and last known residence . . . Continue reading Court Notes Distinction Between Last Known Address and Last Known Residence
On December 28, 2023, the First Department issued a decision in 35 W. Realty Co., LLC v. Booston, LLC, 2023 NY Slip Op. 06794, holding that the Dead Man’s Statute Continue reading Dead Man’s Statute Did Not Bar Testimony Regarding Existence of Business’ Lease
On December 19, 2023, Justice Chan of the New York County Commercial Division issued a decision in Millennium Consolidated Holdings, LLC v. Bluefin Capital Mgt., LLC, 2023 NY Slip Op. 34466(U), rejecting a subpoena as a fishing expedition . . . Continue reading Court Rejects Subpoena as Fishing Expedition
On December 8, 2023, Justice Knipel of the Kings County Commercial Division issued a decision in Mawere v. Landau, 2023 NY Slip Op. 34446(U), holding that the law of the case barred a legal malpractice claim . . . Continue reading Law of the Case Barred Malpractice Claim
