On July 23, 2025, the Second Department issued a decision in Whelan v. Busiello, 2025 NY Slip Op. 04272, holding the Rule 130 sanctions must be paid to the Lawyers’ Fund for Client Protection, not to the aggrieved party . . . Continue reading Rule 130 Sanctions Must be Paid to Lawyers’ Fund for Client Protection, Not to Aggrieved Party
On July 1, 2025, Justice Chan of the New York County Commercial Division issued a decision in GSP Merrimack LLC v. Javelin Global Commodities (UK) Ltd., 2025 NY Slip Op. 32421(U), dismissing a conversion claim because, among other reasons, it sought the same damages as a breach of contract claim . . . Continue reading Conversion Claim Seeking Same Damages as Contract Claim Dismissed as Duplicative
On July 14, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Chang v. Livlng Space Design, LLC, 2025 NY Slip Op. 32498(U), granting a default judgment against a limited liability company that failed to engage replacement counsel . . . Continue reading LLC Defaulted for Failure to Engage Replacement Counsel
On July 16, 2025, the Second Department issued a decision in Angel v. Strulovich, 2025 NY Slip Op. 04150, holding that the limitations period for a claim for a constructive trust based on conversion is three years . . . Continue reading Limitations Period for Constructive Trust Based on Conversion of Funds is Three Years
On July 16, 2025, the Second Department issued a decision in Queens Syndicate Co. v. Daniarov, 2025 NY Slip Op. 04196, holding that the mere possibility that discovery could disclose favorable evidence is an insufficient basis to oppose a motion for summary judgment . . . Continue reading Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment
On July 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Universal Remote Control, Inc. v. ADP Totalsource, Inc., 2025 NY Slip Op. 51080(U), holding Continue reading Breach of Fiduciary Duty Claim Based on Fraud Has Six-Year Limitations Period
On July 3, 2025, Justice Chan of the New York County Commercial Division issued a decision in Wilburger v. Ava Labs, Inc., 2025 NY Slip Op. 51072(U), refusing to dismiss a fraudulent inducement claim even though the alleged inducement was contradicted by the parties’ contract . . . Continue reading Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract
On July 1, 2025, the First Department issued a decision in Xinni Zhang v. Chu, 2025 NY Slip Op. 03988, holding that a losing party should have been given an opportunity to challenge that calculation of the fee award against it . . . Continue reading Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it
On July 1, 2025, the First Department issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 03968, holding that a non-party was entitled to recover its expenses in responding to a subpoena even though it later became a party . . . Continue reading Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party
On June 18, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Society Pass Inc. v. Xperx AI Pte Ltd, 2025 NY Slip Op. 32230(U), authorizing service of foreign defendants who could not be located for service under the Hague Convention to be served by e-mail . . . Continue reading Court Grants Permission to Serve Defendants by E-Mail
