On July 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gutnick v. Jacobson, 2024 NY Slip Op. 32481(U), holding that an amended complaint may not incorporate by reference allegations in the original complaint . . . Continue reading Amended Complaint May Not Incorporate by Reference Allegations in Original Complaint
On July 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in RDM Capital Funding v. Stellar Beach Rentals LLC, 2024 NY Slip Op. 32482(U), holding that a merchant cash advance agreement was not a loan, and thus was not subject to the usury laws . . . Continue reading Merchant Cash Advance Agreement Not a Loan, and Thus Not Subject to Usury Laws
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Agarwal v. Jain, 2024 NY Slip Op. 32492(U), holding that allegations of bad faith barred dismissal of breach of fiduciary duty claims based on the business judgment rule . . . Continue reading Allegations of Bad Faith Bar Dismissal Based on Business Judgment Rule
On July 15, 2024, Justice Patel of the New York County Commercial Division issued a decision in Country-Wide Ins. Co. v. Quick Docs Med. PLLC, 2024 NY Slip Op. 32499(U), vacating an arbitral award for prior court decision resolving the same dispute . . . Continue reading Arbitral Award Vacated for Conflicting With Prior Court Decision Relating to Dispute
On July 24, 2024, the Second Department issued a decision in Tzu Yen Cheung v. Dolar Shop Rest. Group, LLC, 2024 NY Slip Op. 03905, holding that an LLC does not (necessarily) owe a fiduciary duty to its members . . . Continue reading LLC Does Not (Necessarily) Owe a Fiduciary Duty to its Members
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in BG Atl., Inc. v. Hay Hill Invs. Ltd., 2024 NY Slip Op. 32438(U), holding rejecting a narrow interpretation of a forum selection clause . . . Continue reading Court Rejects Narrow Reading of Forum Selection Clause
On June 18, 2024, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2024 NY Slip Op. 50925(U), holding that a judgment creditor can collect from the recipient of a fraudulent transfer . . . Continue reading Judgment Creditor Can Collect from Recipient of Fraudulent Transfer
On July 5, 2024, Justice Masley of the New York County Commercial Division issued a decision in Multiplier Inc. v. Moreno, 2024 NY Slip Op 32290(U), dismissing an unjust enrichment claim because of the lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Close Relationship Between Plaintiff and Defendant
On July 8, 2024, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2024 NY Slip Op. 32315(U), holding that a motion to dismiss claims in an amended complaint that were in the original complaint violate the single motion rule . . . Continue reading Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule
On July 10, 2024, the Second Department issued a decision in Wells Fargo Bank, NA v. Stewart, 2024 NY Slip Op. 03777, holding that ongoing settlement negotiations do not excuse a failure to answer . . . Continue reading Ongoing Settlement Negotiations Do Not Excuse Failure to Answer
