All Lundin PLLC Blogs – Page 57 – Lundin PLLC

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)

Commercial Case Notes / Contracts

Promissory Estoppel Claim Fails Because Plaintiff’s Actions Were Not Unequivocally Referable to the Alleged Promise

On May 4, 2023, Justice Boddie of the Kings County Commercial Division issued a decision in ONH 14 53rd ST, LLC v. TPG RE Fin. 2, Ltd., 2023 NY Slip Op.. 50421(U), holding that a promissory estoppel claim failed because the plaintiff’s actions were not unequivocally referable to the alleged promise . . . Continue reading Promissory Estoppel Claim Fails Because Plaintiff’s Actions Were Not Unequivocally Referable to the Alleged Promise

Appellate Division, Second Department Courthouse

Commercial Case Notes / Discovery/Disclosure

Remedy for Overbroad Discovery Demands is Vacating the Demand, Not Trimming it

On May 10, 2023, the Second Department issued a decision in Star Auto Sales of Queens, LLC v. Filardo, 2023 NY Slip Op. 02552, holding that the remedy for overbroad discovery demands is vacating the demands, not trimming them . . . Continue reading Remedy for Overbroad Discovery Demands is Vacating the Demand, Not Trimming it

Appellate Division, Second Department Courthouse

Commercial Case Notes / Contracts / Veil Piercing/Alter Ego

LLC Member not Liable for LLC’s Obligations Under Agreement Member Signed on Behalf of LLC

On May 10, 2023, the Second Department issued a decision in Y.B. Assoc. Group, LLC v. Rubin, 2023 NY Slip Op. 02558, holding that an LLC member was not liable for an LLC’s obligations under an agreement the member had signed on behalf of the LLC . . . Continue reading LLC Member not Liable for LLC’s Obligations Under Agreement Member Signed on Behalf of LLC

Appellate Division First Department Courthouse

Commercial Case Notes / Personal Jurisdiction

Forum Selection Clause Choosing New York Federal Courts Does Not Create Jurisdiction in New York State Courts

On May 9, 2023, the First Department issued a decision in Alvarez & Marshal Valuation Servs., LLC v. Solar Eclipse Inv. Fund III, LLC, 2023 NY Slip Op. 02449, holding that a forum selection clause choosing New York’s federal courts does not create jurisdiction in the New York state courts . . . Continue reading Forum Selection Clause Choosing New York Federal Courts Does Not Create Jurisdiction in New York State Courts

Appellate Division First Department Courthouse

Commercial Case Notes / Tortious Interference

Party to Contract Can Still be Liable for Tortious Interference if it Had No Duties to the Plaintiff

On May 9, 2023, the First Department issued a decision in Arena Invs., L.P. v. DCK Worldwide Holding Inc., 2023 NY Slip Op. 02476, holding that a party to a contract can still be liable for tortious interference with that contract if it had no contractual duties to the plaintiff . . . Continue reading Party to Contract Can Still be Liable for Tortious Interference if it Had No Duties to the Plaintiff

Appellate Division First Department Courthouse

Commercial Case Notes / Evidence / Experts

Court Did Not Abuse Discretion in Deciding Issue of Foreign Law Without Expert Evidence

On May 9, 2023, the First Department issued a decision in PJSC Natl. Bank Trust v. Pirogova, 2023 NY Slip Op. 02469, holding that a trial court did not abuse its discretion in deciding an issue of foreign law without expert evidence . . . Continue reading Court Did Not Abuse Discretion in Deciding Issue of Foreign Law Without Expert Evidence

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

Arbitration, Mediation and Other ADR / Commercial Case Notes

Question of Whether Signer Had Authority to Sign on Behalf of Medical Practice is, Under AAA Rules, for Arbitrator to Determine

On May 2, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in Surgical Specialists of Greater N.Y. v. Aetna, Inc., 2023 NY Slip Op. 31479(U), holding that the question of the authority of the person who signed an agreement on behalf of a medical practice is, under the AAA rules, for the arbitrator to determine . . . Continue reading Question of Whether Signer Had Authority to Sign on Behalf of Medical Practice is, Under AAA Rules, for Arbitrator to Determine

Appellate Division, Second Department Courthouse

Appeals / Commercial Case Notes

Appeal Dismissed for Failure to Submit Adequate Record

On May 3, 2023, the Second Department issued a decision in Trovato v. Galaxy Sanitation Servs. of N.Y., Inc., 2023 NY Slip Op. 02348, dismissing an appeal for failure to submit an adequate record . . . Continue reading Appeal Dismissed for Failure to Submit Adequate Record

Appellate Division First Department Courthouse

Commercial Case Notes / Statute of Limitation/Laches

Refusing to Negotiate Insufficient Basis for Equitable Estoppel

On May 4, 2023, the First Department issued a decision in MRE Tech. Solutions LLC v. Smiths Detection, Inc., 2023 NY Slip Op. 02387, holding that refusing to negotiate was an insufficient basis for equitable estoppel . . . Continue reading Refusing to Negotiate Insufficient Basis for Equitable Estoppel

Appellate Division First Department Courthouse

Appeals / Commercial Case Notes

Party Loses Right to Appeal by Abandoning an Earlier Appeal Raising the Same Issue

On May 4, 2023, the First Department issued a decision in Mah v. 40-44 W. 120th St. Assoc. LLC, 2023 NY Slip Op. 02382, holding that a party lost the right to appeal an issue by abandoning an earlier appeal raising the same issue . . . Continue reading Party Loses Right to Appeal by Abandoning an Earlier Appeal Raising the Same Issue