All Lundin PLLC Blogs

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
ABS Update / Put-Back Actions

Court Dismisses Claim Against Servicer for Failing to Give Notice of Representation and Warranty Breaches Because Originator Would Have Ignored Any Demand Made on It

On September 19, 2023, Justice Crane of the New York County Commercial Division issued a decision in HSBC Bank USA, N.A. v. Nomura Credit & Capital, Inc., 2023 NY Slip Op. 33252(U), dismissing a claim against Ocwen for failing to give Nomura notice of representation and warranty breaches because Normura would have refused to cure any breaches of which it was given notice . . . Continue reading Court Dismisses Claim Against Servicer for Failing to Give Notice of Representation and Warranty Breaches Because Originator Would Have Ignored Any Demand Made on It

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)
Choice of Forum/Forum Non Conveniens / Commercial Case Notes

Non-Mutual Forum Selection Clause Did Not Create Jurisdiction over Defendant in New York

On September 12, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Mancini Earth & Pipe LLC v. Seamless Capital Group, LLC, 2023 NY Slip Op. 33250(U), holding that a non-mutual forum selection clause did not create jurisdiction over a defendant in New York . . . Continue reading Non-Mutual Forum Selection Clause Did Not Create Jurisdiction over Defendant in New York

Appellate Division First Department Courthouse
Commercial Case Notes / Veil Piercing/Alter Ego

Claim Based on Successor Liability Fails Without Evidence That Defendant Purchased Assets

On September 21, 2023, the First Department issued a decision in 47 E. 34th St. (NY) L.P. v. BridgeStreet Worldwide, Inc., 2023 NY Slip Op. 04702, holding that a claim based on successor liability failed for lack of evidence that the defendant purchased the assets of the predecessor company . . . Continue reading Claim Based on Successor Liability Fails Without Evidence That Defendant Purchased Assets

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)
Commercial Case Notes / Contracts

Breach of Contract Claim Dismissed for Failure to Identify Which Provision of the Contract Was Breached

On August 23, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Desanges v. All Taxi, Inc., 2023 NY Slip Op. 33123(U), dismissing a breach of contract claim for failure to identify which terms of the contract had been breached . . . Continue reading Breach of Contract Claim Dismissed for Failure to Identify Which Provision of the Contract Was Breached