On February 21, 2025, Justice Patel of the New York County Commercial Division issued a decision in ADP, Inc. v. E. Armada Inc., 2025 NY Slip Op. 30607(U), dismissing a fraud claim for failure adequately to allege reasonable reliance . . . Continue reading Fraud Claim Dismissed for Insufficient Allegations of Reliance
On February 25, 2025, Justice Reed of the New York County Commercial Division issued a decision in D’Alessandro v. Kushner, 2025 NY Slip Op. 50240(U), staying a civil action during the pendency of a related criminal action . . . Continue reading Court Grants Stay of Civil Action During Pendency of Related Criminal Action
On January 31, 2025, the Fourth Department issued a decision in Lei Linwang v. Sheridan Amherst, LLC, 2025 NY Slip Op. 00595, holding that a court cannot rely solely on the contra proferentem doctrine in interpreting a contract . . . Continue reading Court Cannot Rely Solely Contra Proferentem Doctrine in Interpreting Contract
On January 15, 2025, the Second Department issued a decision in Meserole Hub, LLC v. Rosenzweig, 2025 NY Slip Op. 00213, holding that a negligence claim against an engineer should be dismissed as duplicative of a breach of contract claim seeking the same damages . . . Continue reading Negligence Claim Against Engineer Dismissed as Duplicative of Contract Claim
On January 22, 2025, the Second Department issued a decision in Gordon v. Field, 2025 NY Slip Op. 00308, holding that spoliation sanctions are unavailable when there was no duty to preserve evidence for litigation . . . Continue reading Spoliation Sanctions Unavailable When No Duty to Preserve Evidence for Litigation Existed
On February 5, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Garriques, 2025 NY Slip Op. 00648, holding that a defendant forfeited the right to seek dismissal for failure timely to seek a default judgment by serving a late answer . . . Continue reading Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer
On February 13, 2025, the Second Department issued a decision in U.S. Bank N.A. v. Petrez, 2025 NY Slip Op. 00896, holding that an affidavit describing the contents of business records but not attaching them was inadmissible hearsay . . . Continue reading Affidavit Describing the Contents of Business Records But Not Attaching Them Inadmissible Hearsay
On February 19, 2025, the Second Department issued a decision in HSBC Bank USA, N.A. v. Mair, 2025 NY Slip Op. 00954, holding that a party could not be added to an action after judgment was entered . . . Continue reading Party May Not Be Added After Judgment is Entered
On February 19, 2025, the Second Department issued a decision in Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C., 2025 NY Slip Op. 00956, holding that absent new facts or a change in the law, a prior appellate decision is the law of the case, barring the relitigation of an issue . . . Continue reading Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue
On January 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in Perella Weinberg Partners LLC v. Kramer, 2025 NY Slip Op 50024(U) [84 Misc 3d 1263(A)], holding that a notice to admit may be served after the note of issue is filed . . . Continue reading Notice to Admit May Be Served After Note of Issue is Filed
