On April 21, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Sleepyheadsyo, LLC v. Ilias Inc., 2025 NY Slip Op. 50600(U), holding that a plaintiff may alleged contract and quasi-contract claims in the alternative . . . Continue reading Plaintiff May Allege Contract and Quasi-Contract Claims in the Alternative
On April 25, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Landau v. DGital Media, LLC, 2025 NY Slip Op. 31476(U), holding that defamation claims were barred by the litigation privilege . . . Continue reading Defamation Claims Barred by Litigation Privilege
On April 25, 2025, Justice Chan of the New York County Commercial Division issued a decision in Colle Capital Partners I, L.P. v. Automaton, Inc., 2025 NY Slip Op. 31479(U), denying a preliminary injunction because of an imbalance in the equities . . . Continue reading Injunction Denied Because of Imbalance of Equities
On April 28, 2025, Justice Chimes of the Erie County Commercial Division issued a decision in Kalamata Capital Group, LLC v. Colorado Trailers, Inc., 2025 NY Slip Op. 31502(U), holding that an unconscionability defense failed for lack of allegations of unequal bargaining power . . . Continue reading Unconscionability Defense Fails for Lack of Allegations of Unequal Bargaining Power
On April 28, 2025, Justice Cohen of the New York County Commercial Division issued a decision in PFNGT LLC v. Liquid Capital LLC, 2025 NY Slip Op. 31518(U), holding that ancillary clauses do not make a guaranty not an ‘instrument for the payment of money only . . . Continue reading Ancillary Clauses Do Not Make a Guaranty Not an Instrument for the Payment of Money Only
On April 29, 2025, Justice Reed of the New York County Commercial Division issued a decision in Halden v. Parker, 2025 NY Slip Op. 31544(U), granting a motion to relieve counsel based on a client’s failure to communicate with counsel even though the client communicated with the opposing party . . . Continue reading Court Relieves Counsel Based on Client’s Failure to Communicate Despite Evidence That Client Communicated with Opposing Party
On April 25, 2025, the Fourth Department issued a decision in McGuire v. The McGuire Group, Inc., 2025 NY Slip Op. 02468, holding that a party that has not been represented by a law firm lacks standing to move to dismiss the firm as conflicted . . . Continue reading Party That Has Never Been Represented by a Law Firm Lacks Standing to Move to Dismiss the Firm as Conflicted
On April 30, 2025, the Second Department issued a decision in Happy 8 Realty Corp. v. Great World Realty, LLC, 2025 NY Slip Op. 02575, holding that a defendant should not have been granted summary judgment before discovery was complete . . . Continue reading Defendant Should Not Have Been Granted Summary Judgment Before Discovery Complete
On April 30, 2025, the Second Department issued a decision in Kearny Bank v. Beaux Equities, LLC, 2025 NY Slip Op. 02580, holding that a good faith mortgagor for value prevailed against an earlier purchaser that did not record its interest in a property . . . Continue reading Good Faith Mortgagor for Value Prevails Against Purchaser That Did Not Record its Interest
On April 29, 2025, the First Department issued a decision in Manorhaven Capital LLC v. Marc J. Bern & Partners, LLP, 2025 NY Slip Op. 02551, holding that a breach of contract claim cannot be based on alleged trivial deviations from a contract’s notice provisions . . . Continue reading Breach of Contract Claim Cannot Be Based on Alleged Trivial Deviation from Contract’s Notice Provisions
