On July 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in EPMMNY LLC v. NY CANNA LLC, 2023 NY Slip Op. 32455(U), refusing to consider legal arguments made in a supporting affidavit . . . Continue reading Court Rejects Legal Argument Made in Supporting Affidavit
On July 21, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Barons Media, LLC v. Shapiro Legal Group, PLLC, 2023 NY Slip Op. 32469(U), awarding a non-party costs, including attorney review time, of responding to a non-party subpoena . . . Continue reading Non-Party May Recover Costs, Including Attorney Review Time, of Responding to Non-Party Subpoenas
On July 24, 2023, Justice Chan of the New York County Commercial Division issued a decision in Invesco Group Servs., Inc. v. AST Fund Solutions, LLC, 2023 NY Slip Op. 32538(U), refusing to dismiss claims based on an account stated defense because of allegations of fraud . . . Continue reading Account Stated Defense Fails in Light of Allegations of Fraud
On July 25, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Snow v. Besen Capital, LLC, 2023 NY Slip Op. 32553(U), holding that a plaintiff had failed to meet the high burden of alleging corporate predecessor liability . . . Continue reading Plaintiff Fails to Meet High Burden of Alleging Corporate Predecessor Liability
On July 25, 2023, Justice Reed of the New York County Commercial Division issued a decision in Jun Gao v. Coconut Beach/Haw., LLC, 2023 NY Slip Op. 50763(U), allowing service by e-mail . . . Continue reading Court Allows Service by E-mail
On July 21, 2023, Justice Reed of the New York County Commercial Division issued a decision in Merchant Factors Corp. v. Crush Apparel & Accessories Inc., 2023 NY Slip Op. 50755(U), holding that an aiding and abetting fraud claim failed because it was not pled with particularity . . . Continue reading Aid and Abetting Fraud Claim Fails Because Not Pled with Particularity
On July 26, 2023, the Second Department issued a decision in Kingston Check Cashing Corp. v. Nussbaum Yates Berg Klein & Wolpow, LLP, 2023 NY Slip Op. 03913, holding that the attorney-witness rule applies only when counsel’s testimony is necessary, not just useful, to the moving party’s case . . . Continue reading Attorney-Witness Rule Applies Only if Counsel’s Testimony is Necessary, Not Just Useful, to the Moving Party’s Case
On July 13, 2023, Justice Odorisi of the Ontario County Commercial Division issued a decision in Kalamata Capital Group, LLC v. Crito Logistics, LLC, 2023 NY Slip Op. 32348(U), holding that inconvenience of counsel is insufficient to overcome a choice of venue clause and the plaintiff’s choice of venue . . . Continue reading Inconvenience of Counsel Does Not Overcome Choice of Venue Clause and Plaintiff’s Choice of Venue
On July 12, 2023, Justice Masley of the New York County Commercial Division issued a decision in Five Towns Pediatrics, P.C. v. Billet, Feit & Preis, P.C., 2023 NY Slip Op. 32328(U), holding that an indemnification provision must be unmistakably clear before it can be found to authorize an award of attorneys’ fees in a suit between contracting parties . . . Continue reading Indemnification Provision Must be Unmistakably Clear Before it Authorizes Award of Attorneys’ Fees in Suit Between Parties
On July 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in B N Textile Inc. v. Alhalabi, 2023 NY Slip Op. 32335(U), holding that a defendant’s solicitation of a former employer’s customers could be wrongful if it was a continuation of wrongful conduct while the defendant was an employee . . . Continue reading Defendant’s Solicitation of Former Employer’s Customers Could be Wrongful if a Continuation of Wrongful Conduct While Defendant was an Employee
