All Lundin PLLC Blogs

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)

Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement

On March 5, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in NY Cardio Care PLLC v. Salman, 2024 NY Slip Op. 30850(U), holding that claims based on an alleged oral partnership agreement were barred by a no written modifications clause in an employment agreement . . . Continue reading Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement

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

Commercial Case Notes

Update on the Commercial Division and the Commercial Division Advisory Counsel

Here is a page from the New York State Unified Court System’s 2023 Annual Report describing the Commercial Division and discussing the recent activities of New York’s Commercial Division Advisory Continue reading Update on the Commercial Division and the Commercial Division Advisory Counsel

Appellate Division, Second Department Courthouse

Commercial Case Notes / Contracts / Court Rules and Procedures

Defendant Fails to Meet High Burden to Vacate Stipulation of Settlement

On March 20, 2024, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc., LLC, 2024 NY Slip Op. 01570, holding that a defendant had failed to meet the high burden necessary to vacate a stipulation of settlement . . . Continue reading Defendant Fails to Meet High Burden to Vacate Stipulation of Settlement

Commercial Case Notes / Default Judgment

Court Erred in Vacating Injunction Granted on Default When There Was No Reasonable Excuse for the Default

On March 20, 2024, the Second Department issued a decision in Saleh v. Hudson 418 Riv. Rd., Ltd., 2024 NY Slip Op. 01573, holding that an injunction granted on default should not have been vacated when there was no reasonable excuse for the default . . . Continue reading Court Erred in Vacating Injunction Granted on Default When There Was No Reasonable Excuse for the Default

Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant

On March 27, 2024, the Second Department issued a decision in Michael Anthony Contr. Corp. v. Queens N.Y. Realty, LLC, 2024 NY Slip Op. 01704, holding that there can be no contribution claim without a duty owed to the plaintiff or the defendant seeking contribution . . . Continue reading No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant

Commercial Case Notes / Contracts

Agent Not Bound to Agreement Where Principal Was Disclosed

On March 27, 2024, the Second Department issued a decision in Regal Commodities v. Tauber, 2024 NY Slip Op. 01736, holding that an agent who negotiated a contract on behalf of a disclosed principal was not bound by the contract . . . Continue reading Agent Not Bound to Agreement Where Principal Was Disclosed

Commercial Case Notes / Contracts

Second Department Analyzes Enforceability of Restrictive Covenant in Commercial Contract

On March 27, 2024, the Second Department issued a decision in Twitchell Tech. Prods., LLC v. Mechoshade Sys., LLC, 2024 NY Slip Op. 01744, analyzing the enforceability of a restrictive covenant in a commercial contract . . . Continue reading Second Department Analyzes Enforceability of Restrictive Covenant in Commercial Contract

Appellate Division First Department Courthouse

Commercial Case Notes / Motion to Dismiss

Motion to Dismiss Barred by Single Motion Rule

On March 19, 2024, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2024 NY Slip Op. 01525, holding that a second motion to dismiss was barred by the one motion rule . . . Continue reading Motion to Dismiss Barred by Single Motion Rule

Albany County Courthouse (Justice Platkin)

Commercial Case Notes / Default Judgment

Failure Timely to Check Mail Is No Excuse for Failure Timely to Answer

On March 15, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Midland Min. Ltd. v. Frank, 2024 NY Slip Op. 50313(U), holding that a defendant’s failure timely to check his mail was no excuse for failing timely to answer . . . Continue reading Failure Timely to Check Mail Is No Excuse for Failure Timely to Answer

ABS Update / Champerty / Champerty / Commercial Case Notes

First Department Clarifies Limits of Champerty Claims

On March 26, 2024, the First Department issued a decision in IKB Intl. S.A. v. Morgan Stanley, 2024 NY Slip Op. 01675, clarifying the limits of champerty claims . . . Continue reading First Department Clarifies Limits of Champerty Claims

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