On July 7, 2023, Justice Chan of the New York County Commercial Division issued a decision in White Oak Commercial Fin., LLC v. EIA Inc., 2023 NY Slip Op. 32342(U), holding that an account holder does not have standing to object to a subpoena to its bank for bank records . . . Continue reading Account Holder Lacks Standing to Object to Subpoena to Bank for Bank Records
On July 12, 2023, Justice Masley of the New York County Commercial Division issued a decision in Nusimow v. Pinchevsky, 2023 NY Slip Op. 32345(U), holding that when an entity has no board, pre-suit demand before bringing a derivative action is futile . . . Continue reading When Entity Has No Board, Pre-Suit Demand Before Bringing a Derivative Action is Futile
On July 6, 2023, Justice Chan of the New York County Commercial Division issued a decision in Propellus, Inc. v. Royal Sovereign Group, 2023 NY Slip Op. 32361(U), holding that use of a New York co-working facility address and phone Number was sufficient to create jurisdiction in New York . . . Continue reading Use of New York Co-Working Facility Address and Telephone Number Sufficient to Create Jurisdiction in New York
On July 11, 2023, Justice Masley of the New York County Commercial Division issued a decision in Burden v. General Elec. Co., 2023 NY Slip Op. 32365(U), holding that a demand for inspection of books and records made under the common law cannot be used to obtain discovery for use in litigation . . . Continue reading Common Law Demand to Inspect Books and Records Cannot Be Used to Obtain Discovery for Use in Litigation
On July 14, 2023, Justice Chan of the New York County Commercial Division issued a decision in Weisberg v. Standard, 2023 NY Slip Op. 32439(U), holding that a breach of a related contract cannot defeat a motion for summary judgment in lieu of complaint . . . Continue reading Breach of a Related Contract Cannot Defeat Motion for Summary Judgment in Lieu of Complaint on Note
On July 14, 2023. Justice Reed of the New York County Commercial Division issued a decision in Latin Mkts. Brazil, LLC v. McArdle, 2023 NY Slip Op. 50719(U), holding that a party that stipulated that a category of ESI would not be produced was barred from later seeking to compel its disclosure . . . Continue reading Party that Stipulated That a Category of ESI Would Not Be Collected Barred from Later Seeking to Compel its Production
On July 19, 2023, the Second Department issued a decision in FPG CH 94 Amity, LLC v. Pizzarotti, LLC, 2023 NY Slip Op. 03852, holding that a plaintiff was not entitled to summary judgment on a breach of contract claim because there were questions of fact regarding damages . . . Continue reading Plaintiff Not Entitled to Summary Judgment on Contract Claim When There Was a Question of Fact Regarding Damages
On June 30, 2023, Justice Chan of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2023 NY Slip Op. 32222(U), holding that the Consumer Credit Fairness Act’s reduction in the limitations period for breach of contract claims against consumers is not retroactive . . . Continue reading Consumer Credit Fairness Act’s Reduction in Limitations Period for Breach of Contract Claims Against Consumers not Retroactive
On July 19, 2023, the Second Department issued a decision in Sperry Assoc. Fed. Credit Union v. John, 2023 NY Slip Op. 03880, holding that relation back under CPLR 205-a was available for claims dismissed in favor of a prior pending action . . . Continue reading Relation Back Under CPLR 205-a Available for Claims Dismissed in Favor of a Prior Pending Action
On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Arbor-Myrtle Beach PE LLC v. Frydman, 2023 NY Slip Op. 50712(U), rejecting a request for a reduction of a fee award because of block billing . . . Continue reading Court Rejects Reduction of Fees Because of Block Billing
