On May 8, 2024, the Second Department issued a decision in Receivable Collection Servs., LLC v. Nassau County, 2024 NY Slip Op. 02551, holding that a contract term that decreased the limitations period to bring a claim was enforceable . . . Continue reading Contract Term Decreasing Limitations Period to Bring Claim Enforceable
On April 17, 2024, Justice Chan of the New York County Commercial Division issued a decision in CLP Luminex Holdings, LLC v. Global Consumer Acquisition LLC, 2024 NY Slip Op. 31395(U), holding that the CPLR does not allow for service on agents for service of process appointed by another state’s statute . . . Continue reading CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute
On April 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Exceed LLC v. Relo LLC, 2024 NY Slip Op. 31439(U), dismissing a declaratory judgment claim as duplicative of a breach of contract claim . . . Continue reading Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim
On April 16, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Atlas Tech. Group LLC v. Soluna MC LLC, 2024 NY Slip Op. 31448(U), holding that a conversion claim cannot be based on a payment owed under a contract . . . Continue reading Conversion Claim Cannot be Based on Payment Owed Under Contract
On April 19, 2024, Justice Chan of the New York County Commercial Division issued a decision in RS E Orange LLC v. Proudliving Cos., LLC, 2024 NY Slip Op. 31451(U), denying a motion for summary judgment in lieu of complaint because the amount owed was not readily ascertainable . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable
On April 19, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Monex Can., Inc. v. Bank of Am., N.A., 2024 NY Slip Op. 31452(U), holding that a fraudulent transfer claim is based on the intent of the transferor, not the recipient . . . Continue reading Fraudulent Transfer Claim Based on Intent of Transferor, Not Recipient
On April 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Jun Gao v. Coconut Beach/Haw., LLC, 2024 NY Slip Op. 50504(U), holding that an affidavit sworn to in China was invalid without a certificate of conformity . . . Continue reading Affidavit Sworn in China Invalid Without Certificate of Conformity
On May 3, 2024, the Fourth Department issued a decision in Estate of Essig v. Essig, 2024 NY Slip Op. 02396, holding that denial of receipt of service or presence at service address was insufficient to overcome the prima facie validity of an affidavit of service . . . Continue reading Denial of Receipt of Service or Presence at Service Address Insufficient to Overcome Prima Facie Validity of Affidavit of Service
On May 3, 2024, the Fourth Department issued a decision in Consumers Beverages, Inc. v. Kavcon Dev. LLC, 2024 NY Slip Op. 02397, holding that a motion to disqualify counsel failed because of an insufficient connection between the matters in which counsel was engaged . . . Continue reading Motion to Disqualify Denied Due to Lack of Relationship Between Matters in Which Counsel was Engaged
On May 1, 2024, the Second Department issued a decision in 115 Essex St., LLC v. Tenth Ward, LLC, 2024 NY Slip Op. 02290, holding that when a defendant rebuts the prima facie validity of an affidavit of service, the court should hold a hearing to determine the validity of service . . . Continue reading When Defendant Rebuts Prima Facie Validity of Affidavit of Service, Court Should Hold a Hearing to Determine Validity of Service
