On August 14, 2024, the Second Department issued a decision in Calle v. National Grid USA Serv. Co., Inc., 2024 NY Slip Op. 04190, holding that claims against a utility should be dismissed on primary jurisdiction grounds . . . Continue reading Claims Against Utility Dismissed on Primary Jurisdiction Grounds
On August 14, 2024, the Second Department issued a decision in Hopwood v. Infinity Contr. Servs. Corp., 2024 NY Slip Op. 04197, holding that a series of e-mails was insufficient to save a contract claim from dismissal under the statute of frauds . . . Continue reading Series of E-mails Insufficient to Save Contract Claim from Dismissal Under the Statute of Frauds
On August 15, 2024, the First Department issued a decision in DirecTV, LLC v. Nexstar Broadcasting, Inc., 2024 NY Slip Op. 04225, examining the narrow limits of an implied covenant claim . . . Continue reading First Department Examines Narrow Limits of Implied Covenant Claim
On August 15, 2024, the First Department issued a decision in Hai-2, LLC v. Blackrock Fin. Mgt., Inc., 2024 NY Slip Op. 04226, holding that under the continuing wrong doctrine, a new claim accrued each time the defendant failed to make a quarterly payment . . . Continue reading Under Continuing Wrong Doctrine, New Claim Accrued Each Time Defendant Failed to Make a Quarterly Payment
On August 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Law Off. of Mark S. Helweil v. Karambelas, 2024 NY Slip Op. 32693(U), holding that a receiver’s fees were capped by CPLR § 8004(a) despite s court order allowing payment at the receiver’s usual rate . . . Continue reading Receiver’s Fees Capped by CPLR § 8004(a) Despite Court Order Allowing Payment at Receiver’s Usual Rate
On August 1, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2024 NY Slip Op. 32698(U), holding that the failure of a limited liability company to appear by counsel lead to entry of default judgment against it . . . Continue reading LLC’s Failure to Appear By Counsel Leads to its Default
On August 1, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2024 NY Slip Op. 32708(U), holding that joint venture allegations failed for lack of an agreement to share losses . . . Continue reading Joint Venture Allegations Fail for Lack of Allegations of an Agreement to Share Losses
On August 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Vaidya v. Itria Ventures LLC, 2024 NY Slip Op. 32709(U), holding that the decision of whether a contract was void because it was usurious was for the arbitrator, not the court . . . Continue reading Decision of Whether Contract is Void as Usurious Was For Arbitrator, Not Court
On August 2, 2024, Justice Patel of the New York County Commercial Division issued a decision in Acquiom Agency Servs. LLC v. Fox Capital LLC, 2024 NY Slip Op. 51000(U), holding that a guaranty’s reference to performance of obligations did not bar summary judgment in lieu of complaint . . . Continue reading Guaranty’s Reference to Performance of Obligations Did Not Bar Summary Judgment in Lieu of Complaint
On August 7, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Taylor, 2024 NY Slip Op. 04119, holding that entering an appearance without challenging jurisdiction waives the defense of lack of personal jurisdiction . . . Continue reading Entering Appearance Without Challenging Jurisdiction Waives Defense of Lack of Personal Jurisdiction
