On November 28, 2023, the First Department issued a decision in Cassaforte Ltd. v. Pourtavoosi, 2023 NY Slip Op. 06080, holding that plaintiffs could not assert a claim regarding an unauthorized transaction when they benefitted from it . . . Continue reading Plaintiffs Cannot Assert Claim Regarding Unauthorized Transaction When They Benefitted From It
On November 28, 2023, the First Department issued a decision in Ambase Corp. v. 111 W. 57th Sponsor LLC, 2023 NY Slip Op. 06078, holding that veil piercing claims failed because the alleged fraud or misconduct did not arise from misuse of the corporate form . . . Continue reading Veil Piercing Claims Dismissed for Failure to Allege Fraud or Misconduct Arising from Misuse of the Corporate Form
On October 3, 2023, Justice Knipel of the Kings County Commercial Division issued a decision in Bruce v. Solny, 2023 NY Slip Op. 34070(U), holding that discovery demands that are overbroad should be stricken, not rewritten by the court . . . Continue reading Discovery Demands That Are Overbroad Should be Stricken, Not Rewritten by the Court
On November 16, 2023, Justice Crane of the New York County Commercial Division issued a decision in Medea Inc. v. Honeywell Safety Prods., USA, Inc., 2023 NY Slip Op. 34091(U), holding that a contract provision limiting damages was unenforceable because it failed in its essential purpose . . . Continue reading Contract Provision Limiting Damages Unenforceable When
On November 21, 2023. the First Department issued a decision in Colonial Funding Network, Inc. v. Finley, 2023 NY Slip Op. 05980, holding that papers served pursuant to an order to show cause must be served exactly how the order to show cause requires them to be served . . . Continue reading Papers Served Pursuant to an Order to Show Cause Must be Served Exactly How the OSC Requires
On November 9, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Ocean Park Apts., Inc. v. Maxem Realty LLC, 2023 NY Slip Op. 33996(U), dismissing a counterclaim for being a mirror image of the plaintiff’s claim . . . Continue reading Counterclaim Dismissed for Being Mirror Image of Plaintiff’s Claim
On November 13, 2023, Justice Chan of the New York County Commercial Division issued a decision in WarnerMedia Direct, LLC v. Paramount Global, 2023 NY Slip Op. 34025(U), dismissing a GBL 349 claim because the allegations related to defrauding a contractual counterparty, not the public . . . Continue reading GBL Claim Fails Because Allegations Related to Defrauding a Contractual Counterparty, Not the Public
On November 9, 2023, Justice Crane of the New York County Commercial Division issued a decision in Kubera N. Am., Inc. v. Inhibikase Therapeutics, Inc., 2023 NY Slip Op. 34026(U), holding that when an action had a mixed outcome, neither party was entitled to fees as a prevailing party . . . Continue reading When Outcome Mixed, Neither Party Entitled to Fees as Prevailing Party
On November 14, 2023, justice Cohen of the New York County Commercial Division issued a decision in ARC NYWWPJV001, LLC v. WWP JV LLC, 2023 NY Slip Op. 34043(U), dismissing affirmative defenses for lack of supporting allegations . . . Continue reading Affirmative Defenses Struck for Lack of Supporting Allegations
On November 17, 2023, the Fourth Department issued a decision in Buffalo Riverworks LLC v. Schenne, 2023 NY Slip Op. 05823, holding that a plaintiff was not entitled to lost profits damages because such an award was not contemplated by the parties . . . Continue reading Plaintiff Not Entitled to Lost Profits Damages Because They Were not Contemplated by the Parties
