On October 24, 2024, the First Department issued a decision in Spicer v. Garda World Consulting (UK) Ltd., 2024 NY Slip Op. 05298, holding that delay in bringing a claim did not waive entitlement to statutory interest . . . Continue reading Delay in Bringing Claim Did Not Waive Entitlement to Statutory Interest
On October 24, 2024, the First Department issued a decision in Noyack Med. Partners LLC v. OSK IX, LLC, 2024 NY Slip Op. 05286, holding that a party waived its claim based on the failure timely to close a transaction by continuing to negotiate the transaction . . . Continue reading Party Waived Claim Based on Failing Timely to Close By Continuing to Negotiate
On October 24, 2024, the First Department issued a decision in Matter of Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, 2024 NY Slip Op. 05278, holding that a party waives the right to challenge an agreement to arbitrate by participating in the arbitration . . . Continue reading Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration
On October 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Harkins v. Stern, 2024 NY Slip Op. 33599(U), denying a motion for consolidation because of overlapping discovery where there were insufficiently similar questions of law or fact . . . Continue reading Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact
On October 16, 2024, the Second Department issued a decision in Bank of N.Y. v. Levy, 2024 NY Slip Op. 05085, holding that a motion must be supported by business records, not just a records custodian affidavit attesting to the facts in the records . . . Continue reading Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records
On October 17, 2024, the First Department issued a decision in A.N.L.Y.H. Invs. LP v. JDS Principal Highline LLC, 2024 NY Slip Op. 05133, holding that when a loan was secured by a promissory note, a plaintiff could not assert quasi-contractual claims regarding the loan, even against a party that did not sign the note . . . Continue reading Quasi-Contract Claims Regarding a Loan Could Not be Asserted Regarding a Note Securing the Loan
On October 17, 2024, the First Department issued a decision in United Hay, LLC v. Harounian, 2024 NY Slip Op. 05151, holding that a defendant was liable for conversion of funds in a bank account even though he was an authorized signatory on the account . . . Continue reading Defendant Liable for Converting Funds in Bank Account Despite Being an Authorized User
On September 30, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Ramirez v. Issa, 2024 NY Slip Op. 33488(U), staying a proceeding to dissolve a corporation in favor of an earlier filed action even though the earlier action did not seek dissolution . . . Continue reading Court Stays Dissolution Proceeding in Favor of Earlier-Filed Action Even Though it Did Not Seek Dissolution
On September 26, 2024, Justice Chan of the New York County Commercial Division issued a decision in Novum Energy Trading Inc. v. Transmontaigne Operating Co. L.P., 2024 NY Slip Op. 33524(U), holding that requests to admit that go to material issues are improper . . . Continue reading Requests to Admit Going to Material Issues Improper
On September 30, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Five Star Elec. Corp. v. Trustees of Columbia Univ., 2024 NY Slip Op. 33528(U), striking a plaintiff’s complaint for failure to provide discovery . . . Continue reading Plaintiff’s Complaint Struck for Failure to Engage in Discovery
