All Lundin PLLC Blogs

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)
Commercial Case Notes / Court Rules and Procedures

Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact

On October 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Harkins v. Stern, 2024 NY Slip Op. 33599(U), denying a motion for consolidation because of overlapping discovery where there were insufficiently similar questions of law or fact . . . Continue reading Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact

Appellate Division, Second Department Courthouse
Commercial Case Notes / Evidence / Real Property / Summary Judgment

Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records

On October 16, 2024, the Second Department issued a decision in Bank of N.Y. v. Levy, 2024 NY Slip Op. 05085, holding that a motion must be supported by business records, not just a records custodian affidavit attesting to the facts in the records . . . Continue reading Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records

Appellate Division First Department Courthouse
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Quasi-Contract Claims Regarding a Loan Could Not be Asserted Regarding a Note Securing the Loan

On October 17, 2024, the First Department issued a decision in A.N.L.Y.H. Invs. LP v. JDS Principal Highline LLC, 2024 NY Slip Op. 05133, holding that when a loan was secured by a promissory note, a plaintiff could not assert quasi-contractual claims regarding the loan, even against a party that did not sign the note . . . Continue reading Quasi-Contract Claims Regarding a Loan Could Not be Asserted Regarding a Note Securing the Loan

Appellate Division First Department Courthouse
Commercial Case Notes / Conversion/Trespass to Chattel

Defendant Liable for Converting Funds in Bank Account Despite Being an Authorized User

On October 17, 2024, the First Department issued a decision in United Hay, LLC v. Harounian, 2024 NY Slip Op. 05151, holding that a defendant was liable for conversion of funds in a bank account even though he was an authorized signatory on the account . . . Continue reading Defendant Liable for Converting Funds in Bank Account Despite Being an Authorized User

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Business Divorce / Commercial Case Notes / Motion to Dismiss

Court Stays Dissolution Proceeding in Favor of Earlier-Filed Action Even Though it Did Not Seek Dissolution

On September 30, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Ramirez v. Issa, 2024 NY Slip Op. 33488(U), staying a proceeding to dissolve a corporation in favor of an earlier filed action even though the earlier action did not seek dissolution . . . Continue reading Court Stays Dissolution Proceeding in Favor of Earlier-Filed Action Even Though it Did Not Seek Dissolution

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Court Rules and Procedures

Claim That Cannot Survive Summary Judgment Lacks a Substantial Basis Under New York’s Anti-SLAPP Law

On October 7, 2024, Justice Schecter of the New York County Commercial Division issued a decision in TRB Acquisitions LLC v. Yedid, 2024 NY Slip Op. 33565(U), holding that a claim that cannot survive summary judgment lacks a substantial basis under New York’s anti-SLAPP law . . . Continue reading Claim That Cannot Survive Summary Judgment Lacks a Substantial Basis Under New York’s Anti-SLAPP Law

Appellate Division, Second Department Courthouse
Commercial Case Notes

Conditional Order of Dismissal Defective Due to Insufficient Notice of Dismissal

On October 9, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Buxbaum, 2024 NY Slip Op. 04943, holding that a conditional order of dismissal was defective because it did not give state that the plaintiff’s failure to comply with the notice would serve as a basis for a motion by the court to dismiss the action for failure to prosecute . . . Continue reading Conditional Order of Dismissal Defective Due to Insufficient Notice of Dismissal

Appellate Division First Department Courthouse
Commercial Case Notes / Discovery/Disclosure / Sanctions

Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter

On October 8, 2024, the First Department issued a decision in Coney Is. Auto Holdings, Corp. v. Parts Auth., LLC, 2024 NY Slip Op. 04900, affirming the imposition of spoliation sanctions on a plaintiff that deleted e-mails on the day it sent a litigation demand letter . . . Continue reading Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter