On February 2, 2024, the Fourth Department issued a decision in Capizzi v. Brown Chiari LLP, 2024 NY Slip Op. 00535, holding that an oral partnership agreement trumps the default rules of the Partnership Law . . . Continue reading Oral Agreement Can Trump Partnership Law
On February 8, 2024, the Supreme Court issued a decision in Murray v. UBS Securities LLC, et al., siding with whistleblower Trevor Murry in holding that whistleblowers seeking protection from retaliation under federal law needn’t show retaliatory intent on the part of their employers. Continue reading SCOTUS Sides with Whistleblowers in UBS Case
On February 7, 2024, the Second Department issued a decision in Board of Mgrs. of the Poseidon Condominium v. Costantino Prop. Mgt., LLC, 2024 NY Slip Op. 00608, holding that it was error for a referee to make a recommendation without holding a hearing when the order of reference called for a hearing . . . Continue reading It is Error for Referee to Decline to Hold a Hearing if the Order of Reference Calls for One
On February 8, 2024, the First Department issued a decision in Employees Retirement Sys. for the City of Providence v. Rohner, 2024 NY Slip Op. 00674, holding that a forum non conveniens motion failed because of a dispute’s ties to New York . . . Continue reading Forum Non Conveniens Motion Fails Because of Dispute’s Ties to New York
On January 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Porges v. Kleinman, 2024 NY Slip Op. 30248(U), holding that a confession of judgment was unenforceable because of a failure to identify the signor’s residence . . . Continue reading Confession of Judgment Unenforceable Because of Failure Properly to Identify Signor’s Residence
On January 31, 2024, the Second Department issued a decision in Mention v. Archbishop Stepinac High Sch., 2024 NY Slip Op. 00416, dismissing a complaint for failure fully to provide discovery . . . Continue reading Complaint Dismissed for Failure Fully to Provide Discovery
On January 31, 2024, the Second Department issued a decision in Meserole Hub, LLC v. Rosenzweig, 2024 NY Slip Op. 00417, dismissing a professional malpractice claim as duplicative of a breach of contract claim . . . Continue reading Professional Malpractice Claim Dismissed as Duplicative of Breach of Contract Claim
On January 31, 2024, the Second Department issued a decision in Misty Cleaning Servs., Inc. v. Independent Group Home Living Program, Inc., 2024 NY Slip Op. 00418, holding that a liquidated damages clause was not enforceable . . . Continue reading Liquidated Damages Clause Not Enforceable
On February 2, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Soloway v. The CIM Group, 2024 NY Slip Op. 30377(U), holding that a claim was not time-barred because the fiduciary’s continuing failure to act was a continuing breach . . . Continue reading Claim Not Time-Barred Because Fiduciary’s Continuing Failure to Act Was Continuing Breach
On January 29, 2024, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2024 NY Slip Op. 30330(U), dismissing a contribution claim because the underlying claim sought economic damages . . . Continue reading Contribution Claim Dismissed Because Underlying Claim Sought Economic Damages
