On March 27, 2025, the First Department issued a decision in Matter of Grayco Alternative Partners II, LP v. 5 Stone Green Capital, LLC, 2025 NY Slip Op. 01868, holding that a trial court erred in entering judgment while an action was stayed as a result of the death of counsel . . . Continue reading Court Erred in Entering Judgment While Action Stayed By Death of Counsel
On March 18, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Tender Touch Health Care Servs. Inc. v. Tnuzeg LLC, 2025 NY Slip Op. 30886(U), holding that there is no deadline for applying for an appeal bond . . . Continue reading No Deadline for Applying for an Appeal Bond
On March 19, 2025, Justice Chan of the New York County Commercial Division issued a decision in Talipot ESG Invs. LLC v. Bulltick Fin. Advisory Servs. LLC, 2025 NY Slip Op. 50349(U), holding that the fact that defendants played a role in a transaction was insufficient, without more to bind them to the forum selection clause of an agreement they did not sign . . . Continue reading That Defendants Played a Role in Transaction Insufficient, Without More, to Bind Them to Forum Selection Clause of Agreement They Did Not Sign
On March 19, 2025, the Second Department issued a decision in Reid v. Green, 2025 NY Slip Op. 01657, holding that the unexcused failure to complete discovery by the note of Issue date waived the right to take that discovery . . . Continue reading Unexcused Failure to Complete Discovery Before Note of Issue Date Waives Right to Take it
On March 19, 2025, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Nifenecker, 2025 NY Slip Op. 01666, dismissing claims for failure to move for default judgment within one year of the default . . . Continue reading Claims Dismissed for Failure to Move for a Default Judgment Within One Year of the Default
On March 18, 2025, the First Department issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2025 NY Slip Op. 01573, holding that equitable estoppel cannot be based on the same misconduct as the claim that was asserted . . . . Continue reading Equitable Estoppel Cannot be Based on Same Misconduct as Claim Asserted
On March 18, 2025, the First Department issued a decision in Cedar Capital Mgt. Group Inc v. Lillie, 2025 NY Slip Op. 01569, holding that a fraud claim based on an insincere promise to perform a contract should be dismissed . . . Continue reading Fraud Claim Based on an Insincere Promise to Perform a Contract Dismissed
On March 20, 2025, the First Department issued a decision in Puritan Partners LLC v. Breezer Holdings, LLC, 2025 NY Slip Op. 01723, holding that the motion court should have allowed discovery before granting summary judgment on a usury claim . . . Continue reading Court Should Have Allowed Discovery Before Granting Summary Judgment on Usury Claim
On March 20, 2025, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2025 NY Slip Op. 01711, affirming a discovery sanction for a late night document dump made after the deadline for document production . . . Continue reading Plaintiff Sanctioned For Late Night Document Dump After Deadline for Production
On March 10, 2025, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2025 NY Slip Op. 50309(U), staying a civil action pending the resolution of a criminal action against a non-party officer of a corporate defendant . . . Continue reading Court Stays Civil Action Pending Resolution of Criminal Action Against Non-Party Corporate Officer
