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Appellate Division, Second Department Courthouse

Conditional Order of Dismissal Defective Due to Insufficient Notice of Dismissal

On October 9, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Buxbaum, 2024 NY Slip Op. 04943, holding that a conditional order of dismissal was defective because it did not give state that the plaintiff’s failure to comply with the notice would serve as a basis for a motion by the court to dismiss the action for failure to prosecute . . . Continue reading Conditional Order of Dismissal Defective Due to Insufficient Notice of Dismissal

Appellate Division First Department Courthouse

Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter

On October 8, 2024, the First Department issued a decision in Coney Is. Auto Holdings, Corp. v. Parts Auth., LLC, 2024 NY Slip Op. 04900, affirming the imposition of spoliation sanctions on a plaintiff that deleted e-mails on the day it sent a litigation demand letter . . . Continue reading Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter

Commercial Case Notes / Contracts

Promissory Estoppel Claim Barred by Written Contract

On October 4, 2024, the Fourth Department issued a decision in Liberty Maintenance, Inc. v. Alliant Ins. Servs., Inc., 2024 NY Slip op. 04871, holding that written contract’s integration clause barred a promissory estoppel claim based on an alleged oral modification of the written contract . . . Continue reading Promissory Estoppel Claim Barred by Written Contract

Commercial Case Notes / Contracts

Oral Agreement Regarding Ownership Interest Not Barred by Written Employment Agreement

On October 2, 2024, the Second Department issued a decision in Parizat v. Meron, 2024 NY Slip Op. 04776, holding that an oral agreement regarding a party’s ownership interest in a company was not barred by the party’s written employment agreement . . . Continue reading Oral Agreement Regarding Ownership Interest Not Barred by Written Employment Agreement

Arbitration, Mediation and Other ADR / Commercial Case Notes

Legal Error Insufficient Basis for Vacating Arbitral Award

On October 3, 2024, the First Department issued a decision in Matter of Michalow v. D.E. Shaw & Co., L.P., 2024 NY Slip Op. 04819, holding that a legal error was an insufficient basis for vacating an arbitral award . . . Continue reading Legal Error Insufficient Basis for Vacating Arbitral Award

Commercial Case Notes / Fraud/Misrepresentation

A Promise Made Without Intent to Perform Can Support a Claim for Fraud

On October 3, 2024, the First Department issued a decision in Haart v. Scaglia, 2024 NY Slip Op. 04812, holding that a promise made without the intent to perform can support a claim for fraud . . . Continue reading A Promise Made Without Intent to Perform Can Support a Claim for Fraud

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)

Commercial Case Notes / Contracts

Heter Iska is an Enforceable Note

On October 1, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Junik v. 61 N. 11 LLC, 2022 NY Slip Op. 34793(U), holding that a Heter Iska created an enforceable note . . . Continue reading Heter Iska is an Enforceable Note

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Commercial Case Notes / Contracts

Settlement Agreement Was an Executory Accord, Allowing Plaintiff to Assert Settled Claims if Defendant Failed to Perform

On September 26, 2024, Justice Chan of the New York County Commercial Division issued a decision in GSP Merrimack LLC v. Javelin Global Commodities (UK) Ltd., 2024 NY Slip Op. 33460(U), holding that a settlement agreement was an executory accord, allowing the plaintiff to assert the settled claims if defendant failed to perform as agreed under the settlement . . . Continue reading Settlement Agreement Was an Executory Accord, Allowing Plaintiff to Assert Settled Claims if Defendant Failed to Perform

Commercial Case Notes / Law Firms and Professional Ethics

Court Declines to Allow Counsel To Withdraw Without Consent or Adequate Justification

On September 27, 2024, Justice Reed of the New York County Commercial Division issued a decision in Subify LLC v. Ace Hat Collection Inc., 2024 NY Slip Op. 51336(U), refusing counsel to withdraw without consent or adequate justification . . . Continue reading Court Declines to Allow Counsel To Withdraw Without Consent or Adequate Justification

Commercial Case Notes / Motion to Dismiss

Court Declines to Dismiss in Favor of Earlier Filed Action When Later Action Involved More Parties and Contracts

On September 27, 2024, Justice Patel of the New York County Commercial Division issued a decision in Aerogen LLC v. Tapjets Holdings Inc., 2024 NY Slip Op. 51341(U), declining to dismiss in favor of an earlier filed action when the later action involved more parties and contracts . . . Continue reading Court Declines to Dismiss in Favor of Earlier Filed Action When Later Action Involved More Parties and Contracts

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