On April 12, 2023, Justice Crane of the New York County Commercial Division issued a decision in Pragad v. Davis, 2023 NY Slip Op. 31210(U), declining to dismiss in favor of a prior pending action because the actions were not substantially identical . . . Continue reading Dismissal in Favor of a Prior Pending Action Denied Because the Actions Not Substantially Identical
On April 19, 2023, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Williams, 2023 NY Slip Op. 01982, holding the denial of receipt of service was insufficient to overcome the presumptive validity of an affidavit of service . . . Continue reading Denial of Receipt of Service Insufficient to Overcome Presumptive Validity of Affidavit of Service
On April 19, 2023, the Second Department issued a decision in Parker Waichman, LLP v. Mauro, 2023 NY Slip Op. 02014, holding that the faithless servant doctrine does not prevent an employee from preparing to leave her employer . . . Continue reading Faithless Servant Doctrine Does Not Prevent Employee From Preparing to Leave Employer
On April 20, 2023, the First Department issued a decision in G & Y Maintenance Corp. v. Core Cont. Constr. LLC, 2023 NY Slip Op. 02061, holding that domination, without more, was an insufficient basis to pierce the corporate veil . . . Continue reading Domination, Without More, Insufficient Basis to Pierce the Corporate Veil
On April 18, 2023, the First Department issued a decision in Travelers Cas. & Sur. Co. v. Vale Can. Ltd., 2023 NY Slip Op. 01976, holding that New York was not an inconvenient forum even though most events relevant to an action took place outside the US . . .: Continue reading New York Not an Inconvenient Forum Even Though Most Events Took Place Outside the US
On April 11, 2023, the First Department issued a decision in Matter of Hurley v. EB Safe, LLC, 2023 NY Slip Op. 01864, holding that errors of law and fact are not within the scope of judicial review of an arbitral award . . . Continue reading Errors of Law and Fact Not Within Scope of Judicial Review of Arbitral Award
On April 11, 2023, the First Department issued a decision in Cortland St. Recovery Corp. v. Bonderman, 2023 NY Slip Op. 01862, holding that New York was not an inconvenient forum even though most of the events at issue took place overseas . . . Continue reading New York Not an Inconvenient Forum Even Though Most Events Took Place Overseas
On April 11, 2023, the First Department issued a decision in Matter of Vornado 330 W. 34th St., L.L.C. v. 330 W. 34th SPE LLC, 2023 NY Slip Op. 01879, holding that a party had waived the right to challenge an arbitrator for bias . . . . Continue reading Party Waives Right to Challenge Arbitrator for Bias
On April 5, 2023, the Second Department issued a decision in HSBC Bank USA, N.A. v. Hutchinson, 2023 NY Slip Op. 01782, holding that a motion to vacate a default judgment should have been denied because of the failure to explain and justify law office failure . . . Continue reading Motion to Vacate Default Denied for Failure Adequately to Explain and Justify Law Office Failure
On April 5, 2023, the Second Department issued a decision in Philip S. Schwartzman, Inc. v. Pliskin, Rubano, Baum & Vitulli, 2023 NY Slip Op. 01812, affirming the dismissal of a Judiciary Law Section 487 claim for lack of loss causation . . . Continue reading Judiciary Law 487 Claim Fails for Lack of Loss Causation
