On October 24, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in Myzak v. Rosania, 2023 NY Slip Op. 33780(U), holding that an exchange of e-mails created a binding contract . . . Continue reading Exchange of E-Mails Created Binding Contract
On October 24, 2023, Justice Masley of the New York County Commercial Division issued a decision in Citibank, N.A. v. East 65th St. Owners LLC, 2023 NY Slip Op. 33778(U), holding that an alter ego claim cannot be based on a breach of contract . . . Continue reading Alter Ego Claim Cannot Be Based on Breach of Contract
On October 24, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lapin v. Verner, 2023 NY Slip Op. 33774(U), holding that a fraud claim cannot be based on a representation that an investment would be conservative . . . Continue reading Fraud Claim Cannot be Based on Representation That an Investment Would be Conservative
On October 24, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gabriel v. 1580 President LLC, 2023 NY Slip Op. 33773(U), dismissing a fraud claim based on an alleged oral promise to guaranty of loan . . . Continue reading Fraud Claim Based on Alleged Oral Agreement to Guaranty Loan Dismissed
On October 23, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in Green Castle A. Mgmt Corp. v. B&V Dev., LLC, 2023 NY Slip Op. 51126(U), holding that third-party claims should be dismissed because they were not based on indemnification or contribution . . . Continue reading Third-Party Claims Dismissed Because Not Based on Indemnification or Contribution
On October 27, 2023, Justice Reed of the New York County issued a decision in U.S. Bank N.A. v. EquiFirst Corp., 2023 NY Slip Op. 51150(U), holding that failure to notify RMBS put-back claims survived a motion to dismiss, but only within a narrow window . . . Continue reading RMBS Failure to Notify Claims Survive, But Only Within a Narrow Window
On October 25, 2023, the Second Department issued a decision in Harway Terrace, Inc. v. Shlivko, 2023 NY Slip Op. 05392, holding that a motion for renewal should be denied when not supported by new facts . . . Continue reading Renewal Should be Denied When Not Supported by New Facts
On October 24, 2023, the First Department issued a decision in U.S. Bank N.A. v. Barker Project LLC, 2023 NY Slip Op, 05384, holding that a delay caused by negotiations with defendant does not justify late service . . . Continue reading Delay Caused by Negotiations with Defendant Does Not Justify Late Service
On October 24, 2023, the First Department issued a decision in Gilat v. Sutton, 2023 NY Slip Op. 05363, holding that a party was not bound by an agreement’s arbitration provision when it did not make claims under it . . . Continue reading Party Not Bound by Agreement’s Arbitration Provision When it Did Not Make Claims Under it
On October 24, 2023, the Court of Appeals issued a decision in Matter of Nemeth v. K-Tooling, 2023 NY Slip Op. 05349, holding that relation back may apply to claims against a new party even when the plaintiff was aware of that party’s existence when the initial complaint was filed . . . Continue reading Relation Back May Apply to Claims Against a New Party Even When the Plaintiff Was Aware of the Existence of the New Party When Filing the Initial Complaint
