On February 26, 2024, Justice Masley of the New York County Commercial Division issued a decision in ERI/SNL 2015 Holdings LLC v. SNL Dev. Group LLC, 2024 NY Slip Op. 30604(U), holding that assets to be enjoined must be the subject of the lawsuit . . . Continue reading Assets to be Enjoined Must be Subject of Lawsuit
Two new judges have been assigned to the New York County Commercial Division: Hon. Anar Rathod Patel is now assigned to Part 45 and will assume a new inventory of Continue reading Two New Judges Assigned to the New York County Commercial Division
On February 28, 2024, the Second Department issued a decision in Christiana Trust v. Victor, 2024 NY Slip Op. 00994, holding that the service of an answer waived a defendant’s entitlement to dismissal for failure to prosecute . . . Continue reading Service of Answer Waived Entitlement to Dismissal for Failure to Prosecute
On February 28, 2024, the Second Department issued a decision in Contract Pharmacal Corp. v. Air Indus. Group, 2024 NY Slip Op. 00995, holding that a plaintiff cannot sue for both contract damages and anticipatory breach . . . Continue reading Plaintiff Cannot Sue for Both Contract Damages and Anticipatory Breach
On February 28, 2024, the Second Department issued a decision in Keller-Wala v. Coello, 2024 NY Slip Op. 01004, holding that an agreement was not a binding contract because of a lack of consideration . . . Continue reading Agreement Not a Binding Contact Because of Lack of Consideration
On February 29, 2024, the First Department issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2024 NY Slip Op. 01112, analyzing conspiracy jurisdiction . . . Continue reading Decision Analyzes Conspiracy Jurisdiction
On February 27, 2024, the First Department issued a decision in NGM Mgt. Group, LLC v. Bareburger Group, LLC, 2024 NY Slip Op. 00979, enforcing a liquidated damages clause . . . Continue reading Court Enforces Liquidated Damages Clause
On February 27, 2024, the First Department issued a decision in Shaoul v. Komolov, 2024 NY Slip Op. 00989, holding that a party in privity with the parties in a prior action was barred by res judicata from relitigating issues decided in that action . . . Continue reading Party in Privity With Parties in Prior Action Barred from Relitigating Issues
On February 27, 2024, the First Department issued a decision in SSC NY Corp. v. Computershare Inc., 2024 NY Slip Op. 00991, holding that a DCL 276 fraudulent conveyance claim failed for insufficient allegations of fraud . . . Continue reading DCL 276 Fraudulent Conveyance Claim Fails for Insufficient Allegations of Fraud
On February 15, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zomongo.TV USA Inc. v. Capital Advance Servs., LLC, 2024 NY Slip Op. 30508(U), refusing to disqualify counsel because of insufficient similarity of past and current engagements . . . Continue reading Court Refuses to Disqualify Counsel Because of Insufficient Similarity of Past and Current Engagements
