All Lundin PLLC Blogs

Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture

On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in Brabury v. Israel, 2023 NY Slip Op. 33551(U), holding that joint venture allegations survived a motion to dismiss despite questions regarding the terms of the joint venture agreement . . . Continue reading Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)

Commercial Case Notes / Fraud/Misrepresentation

Fraudulent Inducement Claim Fails for Lack of Due Diligence

On October 17, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in TC Servs. USA Inc. v. Ideal Home Health Inc., 2023 NY Slip Op. 33635(U), dismissing a fraudulent inducement claim for lack of due diligence . . . Continue reading Fraudulent Inducement Claim Fails for Lack of Due Diligence

Commercial Case Notes / Service of Process

Court Rejects Attack on Sufficiency of Nail and Mail Service

On October 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Davidovich v. Shimha LLC, 2023 NY Slip Op. 33638(U), rejecting an attack on the sufficiency of nail and mail service . . . Continue reading Court Rejects Attack on Sufficiency of Nail and Mail Service

Appellate Division First Department Courthouse

Commercial Case Notes / Damages

Court Enforces No Damages for Delay Provision

On October 17, 2023, the First Department issued a decision in Five Star Elec. Corp. v. Silverite Constr. Co., Inc., 2023 NY Slip Op. 05224, enforcing a no damages for delay provision . . . Continue reading Court Enforces No Damages for Delay Provision

Commercial Case Notes / Court Rules and Procedures

Judgment Must Conform to Underlying Decision

On October 19, 2023, the First Department issued a decision in Magna Equities II, LLC v. Writ Media Group Inc., 2023 NY Slip Op. 05320, holding that a judgment must conform to the underlying decision . . . Continue reading Judgment Must Conform to Underlying Decision

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

Commercial Case Notes / Contracts

Waiver in Guaranty Included Waiver of Defense That Guaranty Was Unenforceable as Against Public Policy

On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in TH Holdco LLC v. Rubin, 2023 NY Slip Op. 33517(U), holding that a waiver in a loan guaranty waived a defense that the guaranty was unenforceable as against public policy . . . Continue reading Waiver in Guaranty Included Waiver of Defense That Guaranty Was Unenforceable as Against Public Policy

Appellate Division, Second Department Courthouse

Commercial Case Notes / Service of Process

Despite Multiple Attempts at Service, Nail and Mail Service Found Insufficient

On October 11, 2023, the Second Department issued a decision in Bank of Am., N.A. v. Fischer, 2023 NY Slip Op. 05112, holding that despite multiple attempts at service, nail and mail servicer was insufficient . . . Continue reading Despite Multiple Attempts at Service, Nail and Mail Service Found Insufficient

Commercial Case Notes / Tortious Interference

Tortious Interference with Prospective Business Relations Claim Fails for Lack of Allegations of Wrongful Means

On October 12, 2023, the First Department issued a decision in Lucas v. Verizon Communications, Inc., 2023 NY Slip Op. 05190, dismissing a claim for tortious interference with prospective business relations on summary judgment for lack of evidence of wrongful means . . . Continue reading Tortious Interference with Prospective Business Relations Claim Fails for Lack of Allegations of Wrongful Means

Commercial Case Notes / Personal Jurisdiction

No Quasi In Rem Jurisdiction When Property Upon Which Jurisdiction Would be Based is Not Related to the Claims Made

On October 12, 2023, the First Department issued a decision in Chaar v. Arab Bank P.L.C., 2023 NY Slip Op. 05184, holding that there is no quasi in rem jurisdiction when the property upon which jurisdiction would be based is not related to the claims made . . . Continue reading No Quasi In Rem Jurisdiction When Property Upon Which Jurisdiction Would be Based is Not Related to the Claims Made

Commercial Case Notes / Evidence / Summary Judgment

Attorney Affirmation Can Be Used to Submit Contract on Summary Judgment

On October 12, 2023, the First Department issued a decision in Advanced Alternative Media, Inc. v. Hindlin, 2023 NY Slip Op. 05181, holding that an attorney affirmation can be used to submit a contract in support of a summary judgment motion . . . Continue reading Attorney Affirmation Can Be Used to Submit Contract on Summary Judgment

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