All Lundin PLLC Blogs

Appellate Division First Department Courthouse
Commercial Case Notes / Contracts

Claim for Breach of Covenant of God Faith and Fair Dealing Not Duplicative of Contract Claim

On December 14, 2023, the First Department issued a decision in Botbol v. Frosch Intl. Travel Inc., 2023 NY Slip Op. 06433, holding that a claim for breach of the covenant of good faith and fair dealing based on the bad faith exercise of a contract right was not duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of God Faith and Fair Dealing Not Duplicative of Contract Claim

Appellate Division First Department Courthouse
Commercial Case Notes / Fraud/Misrepresentation

Court Rejects Claim that Plaintiff Was Fraudulently Induced to Enter Into a Settlement Agreement

On December 14, 2023, the First Department issued a decision in Columbia Consultants, LLC v. Danucht Entertainment, LLC, 2023 NY Slip Op. 06439, rejecting a claim that a plaintiff was fraudulently induced to enter into a settlement agreement . . . Continue reading Court Rejects Claim that Plaintiff Was Fraudulently Induced to Enter Into a Settlement Agreement

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies / Real Property

Court Declines to Require Undertaking on Yellowstone Injunction

On November 30, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in L.I. Champions Taekwondo Inc. v. 151 Montague Opportunity LLC, 2023 NY Slip Op. 34218(U), declining to require an undertaking when issuing a Yellowstone injunction . . . Continue reading Court Declines to Require Undertaking on Yellowstone Injunction

Appellate Division, Second Department Courthouse
Commercial Case Notes / Professional Malpractice

Legal Malpractice Claim Dismissed for Failure Adequately to Allege Proximate Cause

On December 6, 2023, the Second Department issued a decision in May Dock Lane, LLC v. Harras Bloom & Archer, LLP, 2023 NY Slip Op. 06244, holding that a legal malpractice claim should have been dismissed for failure to, among other things, adequately allege proximate cause . . . Continue reading Legal Malpractice Claim Dismissed for Failure Adequately to Allege Proximate Cause

Appellate Division First Department Courthouse
Commercial Case Notes / Personal Jurisdiction

Out of State Corporation Not Subject to General Jurisdiction in New York Because it Has Subsidiaries Here

On December 5, 2023, the First Department issued a decision in KPP III CCT LLC v. Douglas Dev. Corp., 2023 NY Slip Op. 06216, holding that an out-of-state corporation was not subject to general jurisdiction in New York because it had subsidiaries here . . . Continue reading Out of State Corporation Not Subject to General Jurisdiction in New York Because it Has Subsidiaries Here