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Commercial Case Notes / Service of Process

Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service

On June 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Westchester Community Coll. v. Bekoe, 2025 NY Slip Op. 50937(U), holding that nail and mail service was ineffective when there was insufficient diligence in attempting personal service . . . Continue reading Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Where There Were Fact Issues Regarding Whether the Note Was in Default and Thus Accelerated

On May 19, 2025, Justice Bannon of the New York County Commercial Division issued a decision in YA II PN, Ltd. v. Triller Group Inc., 2025 NY Slip Op. 31974(U), denying summary judgment in lieu of complaint where there were fact issues regarding whether a note was in default and thus accelerated . . . Continue reading Summary Judgment in Lieu of Complaint Denied Where There Were Fact Issues Regarding Whether the Note Was in Default and Thus Accelerated

Commercial Case Notes / Conversion/Trespass to Chattel / Declaratory Judgment / Statute of Limitation/Laches

Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership

On June 2, 2025, Justice Masley of the New York County Commercial Division issued a decision in Gammon Collection Inc. v. Athena Art Fin. Corp., 2025 NY Slip Op. 31945(U), holding that a claim for conversion did not accrue until the defendant was on notice of the plaintiff’s claim of ownership, notwithstanding the defendant’s failure to conduct due diligence regarding ownership . . . Continue reading Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership

Commercial Case Notes / Contracts

Statute of Frauds Does Not Bar Oral Agreement to Provide Information Used to Facilitate Sales

On May 23, 2025, Justice Patel of the New York County Commercial Division issued a decision in Essence Communications LLC v. Group Black Inc., 2025 NY Slip Op. 31934(U), holding that the Statute of Frauds, which bars oral agreements to assist in negotiating a business opportunity, does not apply to an oral agreement to provide information used to facilitate sales . . . Continue reading Statute of Frauds Does Not Bar Oral Agreement to Provide Information Used to Facilitate Sales

Commercial Case Notes / Reconsideration/Renewal/Reargument

Party That Moved For Summary Judgment Before Discovery Was Complete Cannot Seek Renewal Based Upon Post-Motion Discovery

On June 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Cullinan v. New York Univ., 2025 NY Slip Op. 50945(U), holding that where a party moved for summary judgment before discovery was complete, it cannot seek renewal based on post-motion discovery . . . Continue reading Party That Moved For Summary Judgment Before Discovery Was Complete Cannot Seek Renewal Based Upon Post-Motion Discovery

Appellate Division First Department Courthouse

Commercial Case Notes / Veil Piercing/Alter Ego

Alter Ego Found Where Defendant Did Not Maintain Separate Accounts or Observe Corporate Formalities

On June 12, 2025, the First Department issued a decision in Yang v. Knights Genesis Group, 2025 NY Slip Op. 03641, upholding alter ego liability when the defendant did not maintain separate accounts or observe corporate formalities . . . Continue reading Alter Ego Found Where Defendant Did Not Maintain Separate Accounts or Observe Corporate Formalities

Commercial Case Notes / Contracts

Trade Confirmation Adequately Alleged to be Binding Agreement

On June 12, 2025, the First Department issued a decision in Ceratosaurus Invs., LLC v. B2C Alternative Equity, LLC, 2025 NY Slip Op. 03630, holding that a trade confirmation was adequately alleged to be a binding agreement . . . Continue reading Trade Confirmation Adequately Alleged to be Binding Agreement

Commercial Case Notes / Summary Judgment

Motion for Summary Judgment Under CPLR 3212 May Not Be Made Before Defendant Answers

On May 30, 2025, Justice Reed of the New York County Commercial division issued a decision in Batneft Co. v. Commerja-X Corp., 2025 NY Slip Op. 50900(U), denying a motion for summary judgment under CPLR 3212 because it was made before the defendant answered . . . Continue reading Motion for Summary Judgment Under CPLR 3212 May Not Be Made Before Defendant Answers

Commercial Case Notes / Contracts

Plaintiff Not Entitled to Consequential Damages Not Contemplated by Parties When Contract Made

On June 6, 2025, the Fourth Department issued a decision in Vermillion v. Roofing Guys, Inc., 2025 NY Slip Op. 03457, holding that a plaintiff was not entitled to consequential damages when they were not contemplated for when the contract was made . . . Continue reading Plaintiff Not Entitled to Consequential Damages Not Contemplated by Parties When Contract Made

Appellate Division, Second Department Courthouse

Commercial Case Notes / Partnerships

Allegations Regarding the Existence of a Joint Venture Fail for Lack of Agreement to Share Both Profits and Losses

On June 4, 2025, the Second Department issued a decision in IPA Asset Mgt., LLC v. Schuman, 2025 NY Slip Op. 03314, dismissing claims based on the existence of a joint venture for lack of allegations of an agreement to share both profits and losses . . . Continue reading Allegations Regarding the Existence of a Joint Venture Fail for Lack of Agreement to Share Both Profits and Losses

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