On December 20, 2023, the Second Department issued a decision in Rosario v. Cummins, 2023 NY Slip Op. 06547, holding that the trial court erred in dismissing a case for failure to file a Note of Issue because the procedural requisites were not met . . . Continue reading Court Erred in Dismissing Case for Failure to File Note of Issue Because Procedural Requisites Not Met
On December 19, 2023, the First Department issued a decision in Channel Fabrics, Inc. v. Skwiersky, Alpert & Bressler LLP, 2023 NY Slip Op. 06471, holding that an accounting malpractice claim failed because of the limited scope of the accountants’ engagement . . . Continue reading Accounting Malpractice Claim Fails Because of Limited Scope of Accountants’ Engagement
On December 3, 2023, Justice Masley of the New York County Commercial Division issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt Vr Ltd., 2023 NY Slip Op. 34245(U), refusing to enforce a subpoena that was not served in conformance with the Uniform Interstate Deposition and Discovery Act . . . Continue reading Subpoena Unenforceable for Failure to Comply with the Uniform Interstate Deposition and Discovery Act
On November 21, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Bissell St. I, LLC v. Westbrook Partners LLC, 2023 NY Slip Op. 34293(U), holding that the statute of frauds does not over an oral agreement to assess a potential business opportunity . . . Continue reading Statute of Frauds Does Not Cover Alleged Oral Agreement to Assess a Potential Business Opportunity
On December 12, 2023, the First Department issued a decision in IKB Intl., S.A. v. Wells Fargo Bank, N.A., 2023 NY Slip Op. 06333, holding that the location of the accrual of assigned claims for borrowing statute purposes was the location of the assignor . . . Continue reading Location of Accrual of Assigned Claims for Borrowing Statute Purposes is Location of Assignor
On December 14, 2023, the First Department issued a decision in Botbol v. Frosch Intl. Travel Inc., 2023 NY Slip Op. 06433, holding that a claim for breach of the covenant of good faith and fair dealing based on the bad faith exercise of a contract right was not duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of God Faith and Fair Dealing Not Duplicative of Contract Claim
On December 14, 2023, the First Department issued a decision in Columbia Consultants, LLC v. Danucht Entertainment, LLC, 2023 NY Slip Op. 06439, rejecting a claim that a plaintiff was fraudulently induced to enter into a settlement agreement . . . Continue reading Court Rejects Claim that Plaintiff Was Fraudulently Induced to Enter Into a Settlement Agreement
On November 28, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Ramirez v. Issa, 2023 NY Slip Op. 34206(U), refusing to appoint a receiver because the misconduct alleged was cured . . . Continue reading Court Refuses to Appoint Receiver Because Misconduct Alleged Was Cured
On November 30, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in L.I. Champions Taekwondo Inc. v. 151 Montague Opportunity LLC, 2023 NY Slip Op. 34218(U), declining to require an undertaking when issuing a Yellowstone injunction . . . Continue reading Court Declines to Require Undertaking on Yellowstone Injunction
On December 6, 2023, the Second Department issued a decision in May Dock Lane, LLC v. Harras Bloom & Archer, LLP, 2023 NY Slip Op. 06244, holding that a legal malpractice claim should have been dismissed for failure to, among other things, adequately allege proximate cause . . . Continue reading Legal Malpractice Claim Dismissed for Failure Adequately to Allege Proximate Cause
