All Lundin PLLC Blogs

Appellate Division First Department Courthouse
Commercial Case Notes / Service of Process

Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding

On March 13, 2025, the First Department issued a decision in Matter of Shasha v. Malkin, 2025 NY Slip Op. 01434, holding that opposing counsel’s past practice of accepting service by e-mail did not constitute agreement to accept such service in a new proceeding . . . Continue reading Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Contracts / Damages

Nominal Damages Sufficient to Meet Damages Element of Breach of Contract Claim

On February 28, 2025, Justice Masley of the New York County Commercial Division issued a decision in Martha Stewart Living Omnimedia, LP v. Snow Joe LLC, 2025 NY Slip Op. 30683(U), holding that nominal damages are sufficient to meet that damages element of a breach of contract claim . . . Continue reading Nominal Damages Sufficient to Meet Damages Element of Breach of Contract Claim

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Law Firms and Professional Ethics

Court Denies Attorney’s Motion to Withdraw Because Application Lack Sufficient Detail

On February 27, 2025, Justice Reed of the New York County Commercial Division issued a decision in Concordance Healthcare Solutions LLC v. Kori Capital Inc., 2025 NY Slip Op. 50257(U), denying a motion to withdraw because the application lacked sufficient detail . . . Continue reading Court Denies Attorney’s Motion to Withdraw Because Application Lack Sufficient Detail

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)
Arbitration, Mediation and Other ADR / Commercial Case Notes

Fraud Claim Insufficient to Make Arbitration Agreement Unenforceable Unless Claims Relates to the Arbitration Agreement Itself

On February 14, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Winrich v. Makes, 2025 NY Slip Op. 30541(U), holding that a fraud claim is insufficient to make an arbitration agreement unenforceable, unless the fraud relates to the arbitration agreement itself . . . Continue reading Fraud Claim Insufficient to Make Arbitration Agreement Unenforceable Unless Claims Relates to the Arbitration Agreement Itself

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Decision Analyzes Categories of Costs Recoverable from an Injunction Undertaking

On February 13, 2025, Justice Bannon of the New York County Commercial Division issued a decision in CMB Export Infrastructure Inv. Group 48, LP v. Motcomb Estates, Ltd., 2025 NY Slip Op. 30572(U), discussing the categories of costs recoverable from an injunction undertaking . . . Continue reading Decision Analyzes Categories of Costs Recoverable from an Injunction Undertaking

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Summary Judgment

Guaranty Coupled With an Indemnification Agreement Not Suitable for Disposition on Motion for Summary Judgment in Lieu of Complaint

On February 13, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Fundamental Partners III LP v. Voss, 2025 NY Slip Op. 30575(U), holding that a guaranty coupled with an indemnification agreement was not suitable for disposition on a motion for summary judgment in lieu of complaint . . . Continue reading Guaranty Coupled With an Indemnification Agreement Not Suitable for Disposition on Motion for Summary Judgment in Lieu of Complaint