On May 21, 2025, the Second Department issued a decision in CitiMortgage, Inc. v. Ramlal, 2025 NY Slip Op. 03037, holding that a motion to vacate a default judgment based on law office failure must be supported by detailed and credible facts . . . Continue reading Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts
On May 20, 2025, Justice Reed of the New York County Commercial Division issued a decision in Trump v. Trump, 2025 NY Slip Op. 25118, explaining the requirements of a Jackson affidavit . . . Continue reading Court Explains Requirements for Jackson Affidavit
On May 20, 2025, the First Department issued a decision in Beast Invs., LLC v. Celebrity Virtual Dining, LLC, 2025 NY Slip Op. 03012, holding that a tortious interference with prospective business advantage claim failed because it inadequately alleged the defendant’s bad conduct . . . Continue reading Tortious Interference With Business Advantage Claim Fails Due to Inadequate Allegations of Defendant’s Bad Conduct
On May 22, 2025, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2025 NY Slip Op. 03153, holding that a defendant liable for failing to close a transaction was liable for pre-judgment interest only on the plaintiff’s loss, not the entire transaction price . . . Continue reading Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price
On May 22, 2025, the First Department issued a decision in O’Brien v. Kaplan, 2025 NY Slip Op. 03141, holding that the statute of frauds barred an action even though it led to an unfair result . . . Continue reading Statute of Frauds Bars Action Even if it Leads to An Unfair Result
On May 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Gehl Foods, LLC v. Worldwide Sport Nutritional Supplements, Inc., 2025 NY Slip Op. 31602(U), holding that a party is a prevailing party for purposes of an attorneys’ fees award when it obtained the central relief it sought . . . Continue reading Party is Prevailing Party When it Obtains Central Relief Sought
On May 20, 2025, the Court of Appeals issued a decision in Haussmann v. Baumann, 2025 NY Slip Op. 03009, holding that just because one of several plaintiffs was a New York resident did not bar a forum non conveniens motion . . . Continue reading That One of Multiple Plaintiffs is a New York Resident Does Not Bar a Forum Non Conveniens Motion
On May 15, 2025, the First Department issued a decision in Tarro v. Amadei, 2025 NY Slip Op. 03003, holding that a receiver’s fees should normally be paid from the receivership, not from a party . . . Continue reading Receiver’s Fees Should Normally Be Paid from the Receivership, Not a Party
On May 6, 2025, the First Department issued a decision in JAB Bldg., LLC v. 950 Third Ave. LLC, 2025 NY Slip Op. 02723, holding that the repudiation of a contract was timely withdrawn, returning the contract to effectiveness . . . Continue reading Repudiation of Contract Timely Withdrawn
On May 9, 2025, Justice Cohen of the New York County Commercial Division issued a decision in FitzCon Constr./Ren Corp. v. 5531-321 E. 22nd St. Manhattan LLC, 2025 NY Slip Op. 31692(U), holding that when a party fails to respond to a Notice to Admit is is deemed to have admitted the facts at issue . . . Continue reading When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue
