On November 9, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Ocean Park Apts., Inc. v. Maxem Realty LLC, 2023 NY Slip Op. 33996(U), dismissing a counterclaim for being a mirror image of the plaintiff’s claim . . . Continue reading Counterclaim Dismissed for Being Mirror Image of Plaintiff’s Claim
On November 13, 2023, Justice Chan of the New York County Commercial Division issued a decision in WarnerMedia Direct, LLC v. Paramount Global, 2023 NY Slip Op. 34025(U), dismissing a GBL 349 claim because the allegations related to defrauding a contractual counterparty, not the public . . . Continue reading GBL Claim Fails Because Allegations Related to Defrauding a Contractual Counterparty, Not the Public
On November 9, 2023, Justice Crane of the New York County Commercial Division issued a decision in Kubera N. Am., Inc. v. Inhibikase Therapeutics, Inc., 2023 NY Slip Op. 34026(U), holding that when an action had a mixed outcome, neither party was entitled to fees as a prevailing party . . . Continue reading When Outcome Mixed, Neither Party Entitled to Fees as Prevailing Party
On November 14, 2023, justice Cohen of the New York County Commercial Division issued a decision in ARC NYWWPJV001, LLC v. WWP JV LLC, 2023 NY Slip Op. 34043(U), dismissing affirmative defenses for lack of supporting allegations . . . Continue reading Affirmative Defenses Struck for Lack of Supporting Allegations
On November 17, 2023, the Fourth Department issued a decision in Buffalo Riverworks LLC v. Schenne, 2023 NY Slip Op. 05823, holding that a plaintiff was not entitled to lost profits damages because such an award was not contemplated by the parties . . . Continue reading Plaintiff Not Entitled to Lost Profits Damages Because They Were not Contemplated by the Parties
On November 16, 2023, the First Department issued a decision in Legacy Org., Inc. v. Nomellini, 2023 NY Slip Op. 05791, holding that a party’s answer should not have been struck as a contempt sanction . . . Continue reading Party’s Answer Should Not Have Been Struck as a Contempt Sanction
On November 14, 2023, the First Department issued a decision in National Convention Servs., LLC v. FB Intl., Inc., 2023 NY Slip Op. 05692, holding that a spoliation claim failed for lack of a culpable state of mind . . . Continue reading Spoliation Claim Fails for Lack of Culpable State of Mind
On November 4, 2023, Justice Masley of the New York County Commercial Division issued a decision in Crestview SPV, LLC v. Crestview Fin., L.L.C., 2023 NY Slip Op. 33947(U), holding that it was not appropriate to issue a coercive contempt punishment if the contemnor was not going to respond to the coercion . . . Continue reading It is Inappropriate to Issue a Coercive Contempt Punishment if Contemnor is Not Going to Respond to the Coercion
On November 8, 2023, the Second Department issued a decision in Five Star Elec. Corp. v. Skanska USA Bldg., Inc., 2023 NY Slip Op. 05588, holding that a claim for failure to pay did not accrue until the condition requiring payment was met . . . Continue reading Claim For Failure to Pay Did Not Accrue Until Condition Requiring Payment Was Met
On November 8, 2023, the Second Department issued a decision in Multani v. Castlepoint Ins. Co., 2023 NY Slip Op. 05614, holding that a GBL claim failed for lack of a broad impact on consumers at large . . . Continue reading GBL Claim Fails for Lack of Broad Impact on Consumers at Large
