On May 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Gehl Foods, LLC v. Worldwide Sport Nutritional Supplements, Inc., 2025 NY Slip Op. 31602(U), holding that a party is a prevailing party for purposes of an attorneys’ fees award when it obtained the central relief it sought . . . Continue reading Party is Prevailing Party When it Obtains Central Relief Sought
On May 20, 2025, the Court of Appeals issued a decision in Haussmann v. Baumann, 2025 NY Slip Op. 03009, holding that just because one of several plaintiffs was a New York resident did not bar a forum non conveniens motion . . . Continue reading That One of Multiple Plaintiffs is a New York Resident Does Not Bar a Forum Non Conveniens Motion
On May 15, 2025, the First Department issued a decision in Tarro v. Amadei, 2025 NY Slip Op. 03003, holding that a receiver’s fees should normally be paid from the receivership, not from a party . . . Continue reading Receiver’s Fees Should Normally Be Paid from the Receivership, Not a Party
On May 6, 2025, the First Department issued a decision in JAB Bldg., LLC v. 950 Third Ave. LLC, 2025 NY Slip Op. 02723, holding that the repudiation of a contract was timely withdrawn, returning the contract to effectiveness . . . Continue reading Repudiation of Contract Timely Withdrawn
On May 9, 2025, Justice Cohen of the New York County Commercial Division issued a decision in FitzCon Constr./Ren Corp. v. 5531-321 E. 22nd St. Manhattan LLC, 2025 NY Slip Op. 31692(U), holding that when a party fails to respond to a Notice to Admit is is deemed to have admitted the facts at issue . . . Continue reading When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue
On May 14, 2025, the Second Department issued a decision in JP Pizza Eastport, LLC v. Luigi’s Main St. Pizza, Inc., 2025 NY Slip Op. 02915, holding that a buyer’s anticipatory repudiation of a purchase contract entitled the seller to retain the buyer’s down payment as liquidated damages . . . Continue reading Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages
On May 20, 2025, the Chief Administrative Judge added a new Appendix E to the Commercial Division Rules containing a model pre-trial order . . . Continue reading New Commercial Division Model Pre-Trial Order
On May 13, 2025, the Chief Administrative Judge added a new Rule 23 to the Commercial Division Rule providing for the filing of amicus briefs . . . Continue reading New Commercial Division Rule Regarding Amicus Briefs
On May 13, 2025, the First Department issued a decision in South32 Chile Copper Holdings Pty Ltd v. Sumitomo Metal Min. Co., Ltd., 2025 NY Slip Op. 02892, holding that questions of foreign law can be decided on a motion to dismiss . . . Continue reading Questions of Foreign Law Can Be Decided on a Motion to Dismiss
On May 13, 2025, the First Department issued a decision in Picken v. RN Realty LLC, 2025 NY Slip Op. 02888, holding that a real estate broker was entitled to a commission if the seller thwarted the transaction in order to avoid paying the commission . . . Continue reading Broker Entitled to Commission if Seller Thwarted the Transaction to Avoid Paying the Commission
