On April 6, 2023, the First Department issued a decision in Harry Winston, Inc. v. Eclipse Jewelry, Corp., 2023 NY Slip Op. 01840, holding that a court erred by striking a defendant’s answer as a discovery sanction . . . Continue reading Court Erred by Striking Answer as a Discovery Sanction
On March 22, 2023, Justice Crane of the New York County Commercial Division issued a decision in NW Media Holdings Corp. v. IBT Media Inc., 2023 NY Slip Op. 30875(U), holding that accessing and destroying data gives rise to a claim for conversion, not trespass to chattel . . . Continue reading Accessing and Destroying Data Gives Rise to Claim for Conversion, Not Trespass to Chattel
On March 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Stier 109 LLC v. 109 S. 5 Prop. LLC, 2023 NY Slip Op. 30876(U), dismissing a tortious interference claim for failure adequately to allege that the defendant procured the contract’s breach . . . Continue reading Tortious Interference Claim Dismissed for Failure Adequately to Alleged that the Defendant Procured the Contract’s Breach
On March 27, 2023, Justice Chan of the New York County Commercial Division issued a decision in HCC Ins. Holdings, Inc. v. Athenium Analytics LLC, 2023 NY Slip Op. 30943(U), awarding summary judgment in lieu of complaint based on a guaranty . . . Continue reading Court Awards Summary Judgment in Lieu of Complaint Based on Guaranty
On March 27, 2023, Justice Crane of the New York County Commercial Division issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2023 NY Slip Op. 30965(U), denying a recusal motion based on an adverse decision . . . Continue reading Court Denies Recusal Motion Based on Adverse Decision
On March 28, 2023, Justice Crane of the New York County Commercial Division issued a decision in NW Media Holdings Corp. v. IBT Media Inc., 2023 NY Slip Op. 30966(U), dismissing a conspiracy claim as duplicative of an aiding and abetting claim . . . Continue reading Conspiracy Claim Dismissed as Duplicative of Aiding and Abetting Claim
On March 28, 2023, Justice Cohen of the New York County Commercial Division issued a decision in FFS Data Corp. v. The Olb Group, Inc., 2023 NY Slip Op. 30968(U), holding that even though an agreement referred to arbitration, it did not require the parties to arbitrate except in limited circumstances . . . Continue reading Despite Referring to Arbitration, Agreement Did Not Require Parties to Arbitrate Except in Limited Circumstances
On March 29, 2023, the Second Department issued a decision in Blue Lagoon, LLC v. Reisman, 2023 NY Slip Op. 01657, holding that the Governor’s COVID orders tolled the time to respond to a motion for summary judgment in lieu of complaint . . . Continue reading Governor’s COVID Orders Tolled Time to Respond to Motion for Summary Judgment in Lieu of Complaint
On March 29, 2023, the Second Department issued a decision in Nationstar Mtge., LLC v. Warsi, 2023 NY Slip Op. 01683, holding that there is no appeal from an order of judgement entered on default . . . Continue reading No Appeal from an Order or Judgment Entered on Default
On March 30, 2023, the First Department issued a decision in Mazzone v. Alonso, Andalkar & Facher, P.C., 2023 NY Slip Op. 01746, holding that a legal malpractice claim could not be decided on summary judgment because of questions of causation . . . Continue reading Legal Malpractice Claim Must Go to Trial because of Questions Regarding Causation
