On April 25, 2023, the First Department issued a decision in Vigilant Ins. Co. v. MF Global Fin. USA Inc., 2023 NY Slip Op. 02088, holding that a bankruptcy did not toll the accrual of statutory prejudgment interest . . . Continue reading Bankruptcy Did Not Toll Accrual of Statutory Prejudgment Interest
On April 25, 2023, the First Department issued a decision in Lee v. Whayoun Jun, 2023 NY Slip Op. 02080, holding that plaintiffs did not repudiate a contract because they did not positively and unequivocally express an intent not to perform their obligations . . . Continue reading Contract Not Repudiated Absent Positive and Unequivocal Expression of Intent not to Perform
On April 27, 2023, the First Department issued a decision in Talos Capital Designated Activity Co. v. 257 Church Holdings LLC, 2023 NY Slip Op. 02196, holding that a privileged communication may contain information relevant to the issues being litigated, does not, without more, place the contents of the privileged communication itself at issue . . . Continue reading That Privileged Communication Contains Relevant Information does not Place Contents at Issue
On April 27, 2023, the First Department issued a decision in National Union Fire Ins. Co. of Pittsburgh, PA v. Rudell & Assoc., Inc., 2023 NY Slip Op. 02183, holding that an extortion defense fails without evidence of threats of unlawful injury . . . Continue reading Extortion Defense Fails Without Evidence of Threats of Unlawful Injury
On April 19, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in 798 Tremont Holding LLC v. Wefile LLC, 2023 NY Slip Op. 50352(U), holding that a breach of contract claim barred an unjust enrichment claim on the same subject . . . Continue reading Contract Claim Bars Unjust Enrichment Claim on Same Subject
On April 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in Lebedev v. Blavatnik, 2023 NY Slip Op. 31183(U), holding that a plaintiff did not waive the right to a jury by seeking an accounting . . . Continue reading Plaintiff Did Not Waive Jury Trial by Seeking Accounting
On April 18, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Triad Holding Co., LLC v. Triad Consulting Engrs. Holdings, Inc., 2023 NY Slip Op. 31231(U), holding that the economic interest privilege barred a tortious interference claim . . . Continue reading Tortious Interference Claim Barred by Economic Interest Privilege
On April 17, 2023, Justice Crane of the New York County Commercial Division issued a decision in Lantern Endowment Partners, LP v. Bluefin Servicing Ltd., 2023 NY Slip Op. 31240(U), holding that the failure timely to the form of an information subpoena waived any objections to the subpoena . . . Continue reading Failure Timely to Object to Form of Information Subpoena Waived Objections
On April 10, 2023, Justice Chan of the New York County Commercial Division issued a decision in Prime Props. (USA) LLC v. Kefalas, 2023 NY Slip Op. 31203(U), holding that a professional acting within the scope of his or her duties could not be liable for aiding and abetting a breach of fiduciary duty . . . Continue reading Professional Acting Within Scope of Duties Not Liable for Aiding and Abetting
On April 11, 2023, Justice Crane of the New York County Commercial Division issued a decision in Pragad v. Davis, 2023 NY Slip Op. 31209(U), dismissing a claim for conspiracy as duplicative of a claim for aiding and abetting . . . Continue reading Claim for Conspiracy Dismissed as Duplicative of Claim for Aiding and Abetting
