On June 6, 2023, the First Department issued a decision in Cohen v. Gordon & Silber, PC, 2023 NY Slip Op. 02968, holding that a party’s delay in seeking a stay of a civil trial pending his criminal trial justified denying the stay . . . Continue reading Delay Justified Denying Party’s Motion to Stay Civil Trial Pending Criminal Trial
On June 8, 2023, the First Department issued a decision in Crestview SPV, LLC v. Crestview Fin., LLC, 2023 NY Slip Op. 03070, holding that a conversion claim should be dismissed as duplicative of a breach of contract claim . . . Continue reading Conversion Claim Dismissed as Duplicative of Contract Claim
On May 25, 2023, Justice Masley of the New York County Commercial Division issued a decision in Thompson v. Nelson, 2023 NY Slip Op. 31807(U), holding that a plaintiff had failed to meet the heavy burden for an award of punitive damages . . . Continue reading Plaintiff Fails to Meet Heavy Burden for Award of Punitive Damages
On May 26, 2023, Justice Chan of the New York County Commercial Division issued a decision in Itria Ventures LLC v. Singh Oil Corp., 2023 NY Slip Op. 31809(U), holding that summary judgment in lieu of complaint was unavailable on a guaranty that required non-payment performance . . . Continue reading Summary Judgment in lieu of Complaint Unavailable on Guaranty Requiring Non-Payment Performance
On May 31, 2023, the Second Department issued a decision in Anuchina v. Marine Transp. Logistics, Inc., 2023 NY Slip Op. 02858, holding that a discovery motion was properly denied because of the movant’s failure adequately to meet and confer regarding the dispute . . . Continue reading Discovery Motion Denied for Failure Sufficiently to Meet and Confer
On May 31, 2023, the Second Department issued a decision in Floral Park Ophthalmology, P.C. v. Ruskin Moscou Faltischek, LLP, 2023 NY Slip Op. 02863, holding that a legal malpractice claim failed for lack of facts showing that the alleged malpractice caused the plaintiff’s loss . . . Continue reading Legal Malpractice Claim Fails for Lack of Facts Showing That Alleged Malpractice Caused the Plaintiff’s Loss
On May 31, 2023, the Second Department issued a decision in Piccoli v. Cerra, Inc., 2023 NY Slip Op. 02901, holding that defendants waived their right to a jury trial by making an equitable counterclaim . . . Continue reading Defendants Waived Right to a Jury Trial By Making an Equitable Counterclaim
On May 30, 2023, the First Department issued a decision in 301 E. 60th St. LLC v. Competitive Solutions LLC, 2023 NY Slip Op. 02842, holding that a fraudulent inducement defense failed because of the defendant’s lack of due diligence . . . Continue reading Fraudulent Inducement Claim Fails for Lack of Due Diligence
On May 30, 2023, the First Department issued a decision in ERA Capital L.P. v. Soleil Chartered Bank, 2023 NY Slip Op. 02845, holding that even though the defendant did not have a fiduciary duty to the plaintiff, it had a sufficiently close relationship that it could be held liable for negligence . . . Continue reading Even Though Defendant Did Not Have a Fiduciary Duty to the Plaintiff, it Had a Sufficiently Close Relationship That it Could be Liable for Negligence
On June 1, 2023, the First Department issued a decision in Ezrasons, Inc. v. Rudd, 2023 NY Slip Op. 02938, holding that the internal affairs doctrine applies to the choice of law governing standing in derivative actions . . . Continue reading Internal Affairs Doctrine Applies to Choice of Law Governing Standing in Derivative Actions
