On November 8, 2023, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Carrington, 2023 NY Slip Op. 05632, holding that a supporting affidavit describing business records Continue reading Affidavit Describing Business Records is Insufficient to Prove the Existence of Those Records
On November 9, 2023, the First Department issued a decision in Equitable Fin. Life Ins. Co. v. Chanti, 2023 NY Slip Op. 05659, holding that an infliction of emotional distress claim for injuries arising as a consequence of a commercial transaction failed . . . Continue reading Infliction of Emotional Distress Claim Arising as a Consequence of a Commercial Transaction Fails
On October 27, 2023, Justice Chan of the New York County Commercial Division issued a decision in Broadstreet N.Y. Inc. v. L3 Capital Income Fund, LLC, 2023 NY Slip Op. 33835(U), denying a motion to pay funds into court and for a discharge . . . Continue reading Court Denies Motion to Pay Funds Into Court and For a Discharge
On October 26, 2023, Justice Crane of the New York County Commercial Division issued a decision in Newark Rehabilitation Ctr., PA v. Simela, 2023 NY Slip Op. 33838(U), rejecting a claim for fees on fees . . . Continue reading Court Rejects Claim for Fees on Fees
On October 26, 2023, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in AJ Equity Group LLC v. Office Connection, Inc., 2023 NY Slip Op. 51157(U), holding that defendant’s mere denial that she e-signed an agreement is an insufficient basis to dismiss claims related to the agreement . . . Continue reading Mere Denial of E-Signing an Agreement Insufficient Basis to Obtain Dismissal on Summary Judgment
On August 31, 2023, Justice Platkin of the Albany County Commercial Division issued a decision in Matter of Galasso v. Cobleskill Stone Prods., Inc., 2023 NY Slip Op. 51158(U), analyzing different valuation methods in a business divorce buyout. Continue reading Court Analyzes Different Valuation Approaches in Business Divorce Buyout
On October 31, 2023, the First Department issued a decision in Cicardo Natl., Inc. v. Loeb, 2023 NY Slip Op. 05465, upholding the dismissal of a claim based on an oral contract when there was no corroborating documentary evidence of that contract . . . Continue reading Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence
On October 31, 2023, the First Department issued a decision in Children’s Magical Garden, Inc. v. Marom, 2023 NY Slip Op. 05464, holding that a jury instruction that required, rather than allowed, jury to make an adverse inference was improper . . . Continue reading Instructions That Required Jury to Make Adverse Inference Improper
On November 2, 2023, the First Department issued a decision in Small v. DMRJ Group LLC, 2023 NY Slip Op. 05551, holding that a complaint could be dismissed because of the plaintiff’s refusal to testify after invoking his Fifth Amendment rights . . . Continue reading Complaint Dismissed Because of Plaintiff’s Refusal to Testify After Invoking Fifth Amendment Rights
On November 2, 2023, the First Department issued a decision in Camelot Event Driven Fund v. Morgan Stanley & Co. LLC, 2023 NY Slip Op. 05534, holding that a PSLRA stay applies in state court, but does not extend to appeals of unsuccessful motions to dismiss . . . Continue reading PSLRA Stay Applies to Suits in State Court, But Does Not Extend to Appeals of Unsuccessful Motions to Dismiss
