All Lundin PLLC Blogs

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Arbitration, Mediation and Other ADR / Commercial Case Notes

Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim

On September 16, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SLG 810 Seventh Lessee LLC v. Tydel Holding Corp., 2024 NY Slip Op, 33238(U), holding that the scope of an arbitrator’s power is determined by the agreement to arbitrate, not the initial statement of claim . . . Continue reading Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim

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

Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery

On September 12, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2024 NY Slip Op. 51265(U), holding that evidence disclosed in settlement discussions is not thereby shielded from disclosure in discovery . . . Continue reading Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery

Appellate Division, Second Department Courthouse
Commercial Case Notes

To be Estopped from Challenging Service, Defendant Must Actively Avoid it, Not Just Fail to Facilitate it

On September 18, 2024, the Second Department issued a decision in Citimortgage, Inc. v. Goldstein, 2024 NY Slip Op. 04453, holding that to be estopped from challenging service, a defendant must actively avoid it, not just fail to facilitate it . . . Continue reading To be Estopped from Challenging Service, Defendant Must Actively Avoid it, Not Just Fail to Facilitate it

Appellate Division, Second Department Courthouse
Commercial Case Notes / Contracts

Statute of Frauds Bars Claim Based on Alleged Guaranty When the Guaranty Was Not Signed by the Defendant

On September 18, 2024, the Second Department issued a decision in Schwartz v. Fallah, 2024 NY Slip Op. 04474, holding that the Statute of Frauds barred a claim based on an alleged guaranty when the guaranty was not signed by the defendant . . . Continue reading Statute of Frauds Bars Claim Based on Alleged Guaranty When the Guaranty Was Not Signed by the Defendant

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

Registration to Do Business in New York Does Not Automatically Submit Defendant to Personal Jurisdiction Here

On September 3, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Amelia Mar. Group Ltd. v. Integr8 Fuels Am. LLC, 2024 NY Slip Op. 33075(U), holding that registration to do business in New York does not automatically submit a defendant to personal jurisdiction in New York . . . Continue reading Registration to Do Business in New York Does Not Automatically Submit Defendant to Personal Jurisdiction Here

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

Corporation Cannot Avoid Being Bound by Contract Because it Lacked its Full, Proper Corporate Name

On September 3, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Putney Inv. Group Ltd. V. New Hampshire Ins. Co., 2024 NY Slip Op 33083(U), holding that a corporation cannot avoid being bound by a contract because it did not use its full, proper corporate name . . . Continue reading Corporation Cannot Avoid Being Bound by Contract Because it Lacked its Full, Proper Corporate Name

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Defamation / Statute of Limitation/Laches / Tortious Interference

Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations

On September 4, 2024, Justice Chan of the New York County Commercial Division issued a decision in BT Supplies W., Inc. v. Brookline, LLC, 2024 NY Slip Op 33101(U), holding that a plaintiff cannot use a tortious interference claim to avoid the one-year statute of limitations for defamation . . . Continue reading Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations

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

Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment

On September 6, 2024, Justice Chan of the New York County Commercial Division issued a decision in FTF Lending, LLC v. Mavrides, Moyal, Packman & Sadkin, LLP, 2024 NY Slip Op 33115(U), holding that despite counsel’s negligence, a client was not entitled to summary judgment on its legal malpractice claim because of questions of fact regarding whether it was the client’s negligence that was the proximate cause of its loss . . . Continue reading Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment