On March 17, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in Worbes Corp. v. Sebrow, 2023 NY Slip Op. 50205(U), holding that a plaintiff waived its right to demand arbitration by litigating . . . Continue reading Plaintiff Waived Right to Demand Arbitration by Litigating
On March 17, 2023, the Fourth Department issued a decision in Counsel Fin. II LLC v. Bortnick, 2023 NY Slip Op. 01441, holding that a suit on a guaranty could not be made under CPLR 3213 because extrinsic evidence was needed to show the amount owed . . . Continue reading Suit on Guaranty Could Not be Made Under CPLR 3213 Because Extrinsic Evidence Needed to Show Amount Owed
On March 16, 2023, the First Department issued a decision in Florence Capital Advisors, LLC v. Thompson Flanagan & Co., LLC, 2023 NY Slip Op. 01358, holding that an insurance broker can be held liable for negligently failing to obtain coverage . . . Continue reading Broker Can Be Held Liable for Negligently Failing to Obtain Coverage
On March 16, 2023, the First Department issued a decision in Buttar v. Elite Limousine Plus, Inc., 2023 NY Slip Op. 01355, refusing to order plaintiffs to produce tax returns when they had not made a general claim for lost earnings . . . Continue reading Court Refuses to Order Plaintiffs to Produce Tax Returns
On March 14, 2023, the First Department issued a decision in RCM/CMG Portfolio Holding, LLC v. Giordano, 2023 NY Slip Op. 01265, rejecting affidavits filed in support of summary judgment that were inconsistent with earlier deposition testimony . . . Continue reading Court Rejects Affidavits Inconsistent With Earlier Deposition Testimony
On March 14, 2023, the First Department issued a decision in Pope Invs. II LLC v. Belmont Partners, LLC, 2023 NY Slip Op. 01264, affirming the exclusion of expert testimony for failure to provide expert disclosures required by the Commercial Division Rules . . . Continue reading Expert Testimony Excluded for Failure to Provide Expert Disclosures Required by Commercial Division Rules
On March 14, 2023, the First Department issued a decision in Atlantic Specialty Ins. Co. v. Landmark Unlimited, Inc., 2023 NY Slip Op. 01253, holding that a surety was entitled to a mandatory injunction requiring indemnitors to provide collateral . . . Continue reading Surety Entitled to Mandatory Injunction Requiring Indemnitors to Provide Collateral
On March 8, 2023, Justice Chan of the New York County Commercial Division issued a decision in 1516 Roof LLC v. 469 Holdings, LLC, 2023 NY Slip Op. 30694(U), holding that the undertaking required for a Yellowstone injunction is to compensate the landlord if the injunction was improvidently granted, not to cure all alleged breaches . . . Continue reading Undertaking Required for Yellowstone Injunction is to Compensate Landlord if Injunction Improvidently Granted, Not to Cure All Alleged Breaches
Lundin PLLC’s Commercial Case Notes blog now offers a searchable database of orders relating to the assignment of cases to the Commercial Division. Continue reading Commercial Case Notes Now Offers Transfer Order Database
On March 1, 2023, Justice Crane of the New York County Commercial Division issued a decision in IKB Intl. S.A. v. Morgan Stanley, 2023 NY Slip Op. 30614(U), holding that an assignment of claims for the purpose of suing on them to recover damages was not champertous . . . Continue reading Assignment of Claims for Purpose of Suing on Them to Recover Damages Not Champertous
