On January 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in LVH Global, Inc. v. Benesh, 2024 NY Slip Op. 30169(U), holding that GOL §§ 5-1401 and 5-1402 do not bar enforcement of a forum selection clause . . . Continue reading GOL §§ 5-1401 and 5-1402 Do Not Bar Enforcement of Forum Selection Clause
On January 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Power A.C. Corp. v. Batirest 229 LLC, 2024 NY Slip Op. 30188(U), holding that contribution is unavailable on a contract claim . . . Continue reading Contribution Unavailable on Contract Claim
On January 16, 2024, Justice Cohen of the New York County Commercial division issued a decision in Shafer v. Dweck, 2024 NY Slip Op. 30201(U), holding that a lack of standing can be cured by assigning claims from a business to the business owner . . . Continue reading Lack of Standing Can Be Cured by Assignment of Claim from Business to Business Owner
On December 20, 2023, Justice Platkin of the Albany County Commercial Division issued a decision in Gujral v. Anesthesia Group of Albany, P.C., 2023 NY Slip Op. 51452(U), holding that a tortious interference with prospective advantage claim failed for failure adequately to allege malicious or wrongful conduct . . . Continue reading Tortious Interference with Prospective Advantage Claim Fails for Failure Adequately to Allege Malicious or Wrongful Conduct
On January 17, 2024, the Second Department issued a decision in Sutton v. Syla, 2024 NY Slip Op. 00204, holding that a court may not grant renewal if there is no justification for failing earlier to present the evidence upon which the motion for renewal was based . . . Continue reading Court May Not Grant Renewal if There is No Justification for Failing to Present Evidence
On January 16, 2024, the First Department issued a decision in IHG Harlem I LLC v. 406 Manhattan LLC, 2024 NY Slip Op. 00164, holding that a sole remedy provision did not bar an award of statutory interest . . . Continue reading Sole Remedy Provision Did Not Bar Award of Statutory Interest
On January 18, 2024, the First Department issued a decision in CMB Export Infrastructure Inv. Group 48, LP v. Motcomb Estates, Ltd., 2024 NY Slip Op. 00223, holding that an injunction was not justified to prevent only money damages . . . Continue reading Injunction Not Justified to Prevent Only Harm Compensable With Money Damages
On January 2, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2024 NY Slip Op. 30101(U), ordering the plaintiff and defendant to share the cost of ESI production . . . Continue reading Court Orders Plaintiff and Defendant to Share ESI Production Costs
On January 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2024 NY Slip Op. 30050(U), dismissing a claim based on an alleged joint venture for lack of allegations regarding sharing profits and losses . . . Continue reading Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses
Last Wednesday, the US Attorney’s Office for the Southern District of New York (“SDNY”) announced the launch of a whistleblower pilot program, designed to proactively uncover criminal conduct in the Continue reading SDNY Whistleblower Pilot Program
