All Lundin PLLC Blogs

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)
Commercial Case Notes / Motion to Dismiss

Motion to Dismiss Cannot be Directed to the Substance Claims in a Summons with Notice

On June 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Cityview Partners, LLC v. Lucas, 2024 NY Slip Op. 32011(U), holding that a motion to dismiss directed to the substance of the plaintiff’s claims could not be made when only a Summons with Notice had been filed . . . Continue reading Motion to Dismiss Cannot be Directed to the Substance Claims in a Summons with Notice

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

Arbitral Award Not Indefinite Simply Because it Does Not Explain Reasoning for Decision

On June 11, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Royalty Coffee Beans LLC v. H&H Coffee Group Export Corp., 2024 NY Slip Op. 32016(U), holding that an arbitral award was not indefinite simply because it did not explain its reasoning . . . Continue reading Arbitral Award Not Indefinite Simply Because it Does Not Explain Reasoning for Decision

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

Summary Judgment in Lieu of Complaint Denied Because Guaranty Covered Both Payment and Performance

On June 11, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Manhattan Real Estate Fund, LP v. Paz, 2024 NY Slip Op. 32017(U), denying a motion for summary judgment in lieu of complaint on a guaranty because the guaranty covered both payment and performance . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Guaranty Covered Both Payment and Performance

Appellate Division First Department Courthouse
Commercial Case Notes / Contracts

Contractual Liability Limitation Requiring Gross Negligence Requires Intentional Wrongdoing or Reckless Indifference

On June 11, 2024, the First Department issued a decision in Brevet Direct Lending Short Duration Fund, L.P. v. Aprio LLP, 2024 NY Slip Op. 03128, holding that a contract term limiting liability to gross negligence requires intentional wrongdoing or reckless indifference to the rights of others . . . Continue reading Contractual Liability Limitation Requiring Gross Negligence Requires Intentional Wrongdoing or Reckless Indifference

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

Corporate Parent that Negotiated Agreement on Behalf of Subsidiary Can Be Bound by the Agreement

On May 29, 2024, Justice Masley of the New York County Commercial Division issued a decision in Gramercy Funds Mgt. LLC v. Schlumberger N.V., 2024 NY Slip Op. 31855(U), holding that a complaint had sufficiently alleged that a corporate parent that negotiated an agreement on behalf of a subsidiary was bound by the agreement . . . Continue reading Corporate Parent that Negotiated Agreement on Behalf of Subsidiary Can Be Bound by the Agreement