On September 7, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Chablaney v. Gemini Trust Co., LLC, 2023 NY Slip Op. 33127(U), holding that plaintiffs were bound by the terms of an online user agreement containing an arbitration provision . . . Continue reading Plaintiffs Bound by Arbitration Provision Added to Online User Agreement
On September 6, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Daiwa Corporate Advisory LLC v. Katapult Group, Inc., 2023 NY Slip Op. 33079(U), holding that a defendant could not use the doctrine of definiteness to defeat a breach of contract claim . . . Continue reading Defendant Cannot Use Doctrine of Definiteness to Defeat Contract Claim
On September 5, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 255 Butler Assoc. LLC v. 255 Butler, LLC, 2023 NY Slip Op. 33053(U), allowing a creditor to use credit bidding at a judicial sale . . . Continue reading Court Allows Creditor to Use Credit Bidding at Judicial Sale
On July 25, 2023, Justice Driscoll of the Nassau County Commercial Division issued a decision in Singh v. LCF Group, Inc., 2023 NY Slip Op. 33014(U), rejecting a claim that a merchant cash advance agreement was an usurious loan . . . Continue reading Court Rejects Claim that Merchant Cash Advance Agreement Was an Usurious Loan
On September 1, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Metropolitan Partners Fund IIIA, LP v. GemCap Lending I, LLC, 2023 NY Slip Op. 33042(U), finding personal jurisdiction under the de facto merger doctrine . . . Continue reading Court Finds Personal Jurisdiction Under De Facto Merger Doctrine
On September 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Owen v. Array US, Inc., 2023 NY Slip Op, 33056(U), holding that a New York court has jurisdiction to decide a stock ownership dispute under Delaware General Corporation Law Section 205 . . . Continue reading New York Court Has Jurisdiction to Decide Ownership Dispute Under Delaware General Corporation Law 205
On September 5, 2023, Justice Doyle of the 7th Judicial District Commercial Division issued a decision in Byzfunder NY LLC v. Holy City Collision LLC, 2023 NY Slip Op. 50941(U), refusing to enforce a liquidated damages provision as an unenforceable penalty . . . Continue reading Court Refuses to Enforce Liquidated Damages Provision as an Unenforceable Penalty
On September 5, 2023, Justice Doyle of the 7th Judicial District Commercial Division issued a decision in Samson Lending LLC v. Greenfield Mgt. LLC, 2023 NY Slip Op. 23267, refusing to enforce a choice of law provision that would have saved a contract that was usurious under New York law . . . Continue reading Court Refuses to Enforce Choice of Law Provision That Would Have Saved Contract that was Usurious Under New York Law
On September 1, 2023, Justice Reed of the New York County Commercial Division issued a decision in Lakeland Bank v. Beach, 2023 NY Slip Op. 50931(U), rejecting a challenge to a stipulation of settlement . . . Continue reading Court Rejects Challenge to Stipulation of Settlement
On August 28, 2023, Justice Crane of the New York County Commercial Division issued a decision in Fortelus Funds Invs. Trust v. Hellas Telecom. (Luxembourg) II SCA, 2023 NY Slip Op. 32978(U), rejecting a champerty defense where the plaintiffs had purchased defaulted bonds with the intention of suing to collect on them . . . Continue reading Court Rejects Champerty Defense Where Plaintiffs Had Purchased Defaulted Bonds with the Intention of Suing to Collect on Them
