All Lundin PLLC Blogs

Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract

On October 3, 2025, the Fourth Department issued a decision in JSC Mgt. Group, LLC v. West Gen. Contrs., LLC, 2025 NY Slip Op. 05351, holding that contract and quasi-contract claims may be made in the alternative when there is a dispute over the existence of a contract . . . Continue reading Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Default Judgment

Court Grants Default Judgment in Favor of Defendant and Against Plaintiff on Counterclaims

On September 24, 2025, Justice Patel of the New York County Commercial Division issued a decision in Ahmed v. Ahmed, 2025 NY Slip Op. 33668(U), granting a default judgment in favor of the defendant and against the plaintiff on the defendant’s counterclaims . . . Continue reading Court Grants Default Judgment in Favor of Defendant and Against Plaintiff on Counterclaims

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine

On September 26, 2025, Justice Patel of the New York County Commercial Division issued a decision in Leinhardt v. Socure, Inc., 2025 NY Slip Op. 33670(U), holding that a fraud claim survived dismissal for lack of due diligence because of the application of the special facts doctrine . . . Continue reading Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine

Appellate Division, Second Department Courthouse
Commercial Case Notes / Service of Process

Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing

On October 8, 2025, the Second Department issued a decision in Quicksilver Capital, LLC v. Dixon Fin. Servs., LLC, 2025 NY Slip Op. 05545, holding that a defendant’s denial of receipt of service was insufficiently specific to justify holding a traverse hearing . . . Continue reading Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing