All Lundin PLLC Blogs

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

Tortious Interference Claim Upheld Based on Allegations that the Defendant Intentionally Procured the Breach

On December 15, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Boston Beer Corp. v. Boening Bros., Inc., 2023 NY Slip Op. 34428(U), upholding a tortious interference with contract claim based on allegations that the defendant intentionally procured the breach . . . Continue reading Tortious Interference Claim Upheld Based on Allegations that the Defendant Intentionally Procured the Breach

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

Foreign LLC’s Failure to Register Before Bring an Action in New York is a Curable Defect

On December 12, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in South Beach Tristar 800 LLC v. Lincoln Arts ERFR LLC, 2023 NY Slip Op. 34425(U), holding that a foreign LLC’s failure to register before bringing an action in New York was a curable defect . . . Continue reading Foreign LLC’s Failure to Register Before Bring an Action in New York is a Curable Defect

Appellate Division, Second Department Courthouse
Commercial Case Notes / Default Judgment

Court Erred in Dismissing Case for Failure to File Note of Issue Because Procedural Requisites Not Met

On December 20, 2023, the Second Department issued a decision in Rosario v. Cummins, 2023 NY Slip Op. 06547, holding that the trial court erred in dismissing a case for failure to file a Note of Issue because the procedural requisites were not met . . . Continue reading Court Erred in Dismissing Case for Failure to File Note of Issue Because Procedural Requisites Not Met

Appellate Division First Department Courthouse
Commercial Case Notes / Professional Malpractice

Accounting Malpractice Claim Fails Because of Limited Scope of Accountants’ Engagement

On December 19, 2023, the First Department issued a decision in Channel Fabrics, Inc. v. Skwiersky, Alpert & Bressler LLP, 2023 NY Slip Op. 06471, holding that an accounting malpractice claim failed because of the limited scope of the accountants’ engagement . . . Continue reading Accounting Malpractice Claim Fails Because of Limited Scope of Accountants’ Engagement

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

Subpoena Unenforceable for Failure to Comply with the Uniform Interstate Deposition and Discovery Act

On December 3, 2023, Justice Masley of the New York County Commercial Division issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt Vr Ltd., 2023 NY Slip Op. 34245(U), refusing to enforce a subpoena that was not served in conformance with the Uniform Interstate Deposition and Discovery Act . . . Continue reading Subpoena Unenforceable for Failure to Comply with the Uniform Interstate Deposition and Discovery Act

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

Statute of Frauds Does Not Cover Alleged Oral Agreement to Assess a Potential Business Opportunity

On November 21, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Bissell St. I, LLC v. Westbrook Partners LLC, 2023 NY Slip Op. 34293(U), holding that the statute of frauds does not over an oral agreement to assess a potential business opportunity . . . Continue reading Statute of Frauds Does Not Cover Alleged Oral Agreement to Assess a Potential Business Opportunity

Appellate Division First Department Courthouse
Commercial Case Notes / Statute of Limitation/Laches

Location of Accrual of Assigned Claims for Borrowing Statute Purposes is Location of Assignor

On December 12, 2023, the First Department issued a decision in IKB Intl., S.A. v. Wells Fargo Bank, N.A., 2023 NY Slip Op. 06333, holding that the location of the accrual of assigned claims for borrowing statute purposes was the location of the assignor . . . Continue reading Location of Accrual of Assigned Claims for Borrowing Statute Purposes is Location of Assignor