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
On May 4, 2023, the First Department issued a decision in 180 Life Sciences Corp. v. Tyche Capital LLC, 2023 NY Slip Op. 02376, holding that an undertaking did not need to be increased just because the defendant’s stock price dropped . . . Continue reading Undertaking Need Not be Increased Because of Drop in Defendant’s Stock Price
On April 17, 2023, Justice Chan of the New York County Commercial Division issued a decision in Millennium Consol. Holdings, LLC v. Bluefin Capital Mgt., LLC, 2023 NY Slip Op. 31271(U), upholding a tortious interference with contract claim based on a non-compete provision . . . Continue reading Tortious Interference with Contract Claim Based on Non-Compete Provision Upheld
On April 12, 2023, Justice Chan of the New York County Commercial Division issued a decision in Hafeez v. American Express Co., 2023 NY Slip Op. 31273(U), upholding a common law claim to inspect a corporation’s books and records despite the plaintiff’s failure properly to bring a statutory action to inspect books and records . . . Continue reading Common Law Books and Records Claim Survives Despite Failure Properly to Bring Statutory Claim
On April 19, 2023, Justice Ruchelsman of the Kings County Supreme Court issued a decision in Jiang v. Howe, 2023 NY Slip Op. 31304(U), holding that the Statute of Frauds barred a contract claim relating to a real estate investment . . . Continue reading Statute of Frauds Bars Claim Regarding Real Estate Investment
On April 20, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Atlantic Specialty Ins. Co. v. Landmark Unlimited, Inc., 2023 NY Slip Op. 31308(U), declining to dismiss a claim for prima facie tort . . . Continue reading Court Declines to Dismiss Claim for Prima Facie Tort
On April 24, 2023, Justice Crane of the New York County Commercial Division issued a decision in Ashekian v. Cresco Labs LLC, 2023 NY Slip Op. 31347(U), holding that a claim for mutual mistake cannot be based on incorrect assumptions regarding future events . . . Continue reading Claim for Mutual Mistake Cannot be Based on Incorrect Assumptions Regarding Future Events
On April 26, 2023, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enters., LP, 2023 NY Slip Op. 02094, barring a second motion for summary judgment . . . Continue reading Summary Judgment Motion Barred by Single Motion Rule
On April 26, 2023, the Second Department issued a decision in Bono v. Stim & Warmuth, P.C., 2023 NY Slip Op. 02099, holding that a criminal usury defense does not apply if the excessive rate applies only after default . . . Continue reading Criminal Usury Defense Does Not Exist if Excessive Rate Applies Only After Default
On April 26, 2023, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Catalano, 2023 NY Slip Op. 02139, holding that a bare denial of receipt of service was insufficient to overcome the presumptive validity of an affidavit of service . . . Continue reading Bare Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service
