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
On November 16, 2023, the First Department issued a decision in Legacy Org., Inc. v. Nomellini, 2023 NY Slip Op. 05791, holding that a party’s answer should not have been struck as a contempt sanction . . . Continue reading Party’s Answer Should Not Have Been Struck as a Contempt Sanction
On November 14, 2023, the First Department issued a decision in National Convention Servs., LLC v. FB Intl., Inc., 2023 NY Slip Op. 05692, holding that a spoliation claim failed for lack of a culpable state of mind . . . Continue reading Spoliation Claim Fails for Lack of Culpable State of Mind
On November 4, 2023, Justice Masley of the New York County Commercial Division issued a decision in Crestview SPV, LLC v. Crestview Fin., L.L.C., 2023 NY Slip Op. 33947(U), holding that it was not appropriate to issue a coercive contempt punishment if the contemnor was not going to respond to the coercion . . . Continue reading It is Inappropriate to Issue a Coercive Contempt Punishment if Contemnor is Not Going to Respond to the Coercion
On November 8, 2023, the Second Department issued a decision in Five Star Elec. Corp. v. Skanska USA Bldg., Inc., 2023 NY Slip Op. 05588, holding that a claim for failure to pay did not accrue until the condition requiring payment was met . . . Continue reading Claim For Failure to Pay Did Not Accrue Until Condition Requiring Payment Was Met
On November 8, 2023, the Second Department issued a decision in Multani v. Castlepoint Ins. Co., 2023 NY Slip Op. 05614, holding that a GBL claim failed for lack of a broad impact on consumers at large . . . Continue reading GBL Claim Fails for Lack of Broad Impact on Consumers at Large
On November 8, 2023, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Carrington, 2023 NY Slip Op. 05632, holding that a supporting affidavit describing business records Continue reading Affidavit Describing Business Records is Insufficient to Prove the Existence of Those Records
On November 9, 2023, the First Department issued a decision in Equitable Fin. Life Ins. Co. v. Chanti, 2023 NY Slip Op. 05659, holding that an infliction of emotional distress claim for injuries arising as a consequence of a commercial transaction failed . . . Continue reading Infliction of Emotional Distress Claim Arising as a Consequence of a Commercial Transaction Fails
On October 27, 2023, Justice Chan of the New York County Commercial Division issued a decision in Broadstreet N.Y. Inc. v. L3 Capital Income Fund, LLC, 2023 NY Slip Op. 33835(U), denying a motion to pay funds into court and for a discharge . . . Continue reading Court Denies Motion to Pay Funds Into Court and For a Discharge
On October 26, 2023, Justice Crane of the New York County Commercial Division issued a decision in Newark Rehabilitation Ctr., PA v. Simela, 2023 NY Slip Op. 33838(U), rejecting a claim for fees on fees . . . Continue reading Court Rejects Claim for Fees on Fees
