On August 29, 2024, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer, 2024 NY Slip Op. 04349, upholding a non-solicitation provision . . . Continue reading Non-Solicitation Provision Upheld by First Department
On August 21, 2024, the Second Department issued a decision in Lakeview Loan Servicing, LLC v. Florio, 2024 NY Slip Op. 04256, denying plaintiff in a foreclosure action summary judgment because of insufficient proof that the allonge was attached to the note . . . Continue reading Plaintiff in Foreclosure Action Denied Summary Judgment Because of Insufficient Proof That Allonge was Attached to the Note
On August 27, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Herman v. Judlau Contr., Inc., 2024 NY Slip Op. 33024(U), holding that a motion for reargument cannot be used to advance a new legal argument . . . Continue reading Reargument Cannot Be Used to Advance New Legal Argument
On August 21, 2024, Justice Reed of the New York County Commercial Division issued a decision in Core Group Mktg. LLC v. MIP One Wall St. Acquisition LLC, 2024 NY Slip Op. 51093(U), holding that a prevailing party is entitled to interest on attorneys’ fees from the date on which the party was determined to be the prevailing party . . . Continue reading Prevailing Party Entitled to Interest on Attorneys’ Fees From Date of Success
On August 21, 2024, the Second Department issued a decision in Kanes v. Kanes, 2024 NY Slip Op. 04254, holding that the law of the case doctrine barred reassertion of claims that had previously been found to be time-barred . . . Continue reading Law of the Case Doctrine Barred Reassertion of Claims Previously Found to be Time-Barred
On August 6, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Kordonsky v. Brudoley, 2024 NY Slip Op. 32768(U), holding that demand futility allegations in a derivative action were sufficiently specific based on the totality of the allegations . . . Continue reading Demand Futility Allegation Sufficiently Specific Based on Totality of Allegations
On August 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Podokshik v. Cachette, 2024 NY Slip Op. 32795(U), holding that dominance of a corporation alone is insufficient to justify piercing the corporate veil . . . Continue reading Dominance of Corporation Alone is Insufficient to Justify Piercing the Corporate Veil
On August 12, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Denver Wewatta (Co) LLC v. Amtrust Title Ins. Co., 2024 NY Slip Op. 32847(U), holding that damages from fraud can include losses from foregone opportunities . . . Continue reading Fraud Damages Can Include Lost Opportunities
On August 9, 2024, Justice Masley of the New York County Commercial Division issued a decision in Amtrust N. Am., Inc. v. Bozzomo, 2024 NY Slip Op. 32803(U), holding that a non-compete provision that prevented an employee from working in an industry was unenforceable . . . Continue reading Non-Compete That Prevented Employee from Working in Industry Unenforceable
On July 10, 2024, Justice Masley of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. Elmwood NYT Owner, LLC, 2024 NY Slip Op. 32816(U), denying a Yellowstone injunction because of the tenant’s inability to show that it could cure a rent payment default . . . Continue reading Yellowstone Injunction Denied Because of Tenant’s Inability to Show That it Could Cure Rent Payment Default
