On May 18, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Comfort Living Furniture Inc. v. McDonald Design Furniture Inc., 2023 NY Slip Op. 31691(U), holding that contribution was unavailable for a breach of contract claim, but was available for a negligence claim . . . Continue reading Contribution Unavailable For Breach of Contract Claim
On May 18, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Yampolsky v. Tsaryuk, 2023 NY Slip Op. 31692(U), holding that in the Second Department, an equitable accounting was not available without a finding of the defendant’s misconduct . . . Continue reading In Second Department, Equitable Accounting Not Available Without Misconduct
On May 19, 2023, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2023 NY Slip Op. 31697(U), holding that nail and mail service was ineffective because of the failure to investigate whether service was made at the correct address . . . Continue reading Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address
On May 23, 2023, Justice Reed of the New York County Commercial Division issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2023 NY Slip Op. 50503(U), holding that a plaintiff was on inquiry notice of a fraud claim notwithstanding the defendant’s denials . . . Continue reading Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials
On May 25, 2023, the First Department issued a decision in SureFire Dividend Capture, LP v. Industrial & Commercial Bank of China Fin. Servs. LLC, 2023 NY Slip Op. 02841, holding that a fraud claim relating to a contract or note can be assigned, but that the agreement transferring the claim must show an intent to transfer the claim . . . Continue reading Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer
On May 25, 2023, the First Department issued a decision in Mulacek v. ExxonMobil Corp., 2023 NY Slip Op. 02829, holding that a challenge to a merger was barred by a no-action clause . . . Continue reading Challenge to Merger Barred by No Action Clause
On May 25, 2023, the First Department issued a decision in Hobish v. AXA Equit. Life Ins. Co., 2023 NY Slip Op. 02825, holding that the punitive damages available under GBL 349 are limited to those provided in the statute . . . Continue reading Punitive Damages Under GBL 349 Claim Limited to Those Provided by Statute
On May 25, 2023, the First Department issued a decision in Citizen Watch Co. of Am., Inc. v. Zapco 1500 Inv., L.P., 2023 NY Slip Op. 02823, holding that a conditional discovery sanction order was triggered by the mere failure to produce evidence . . . Continue reading Conditional Discovery Sanction Order Triggered on Failure to Produce
On May 11, 2023, Justice Masley of the New York County Commercial Division issued a decision in Pala Assets Holdings Ltd v. Rolta, LLC, 2023 NY Slip Op. 31608(U), authorizing service of process by e-mail in India . . . Continue reading Court Authorizes Service of Process in India by E-Mail
On May 30, 2023, the Supreme Court declined to review a challenge to an SEC award decision brought by an anonymous attorney who blew the whistle on a foreign bribery scheme. (Case No. 22-963.) The decision comes after the Second Circuit denied the whistleblower’s petition for review of the SEC’s order in November 2022, and further denied a petition for a rehearing in December of the same year. The Whistleblower’s cert petition can be found here, while the SEC’s Order and the Second Circuit’s Summary Order are available as part of the appendix to the petition. Continue reading Supreme Court Denies Cert in Whistleblower Case
