On August 25, 2023, Justice Chan of the New York County Commercial Division issued a decision in DBI Lease Buyback Servicing LLC v. Mullen Auto., Inc., 2023 NY Slip Op. 32995(U), rejecting a request for advancement of fees . . . Continue reading Court Rejects Motion for Advancement of Fees
On August 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Ascend Wellness Holdings, Inc. v. MedMen NY, Inc., 2023 NY Slip Op. 32872(U), Continue reading Anti-SLAPP Statute Does Not Apply to Private Contract Dispute Despite Connection to Public Interest
On August 21, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Musso v. OTR Media Group, Inc., 2023 NY Slip Op. 32896(U), striking an answer for failure to provide discovery . . . Continue reading Court Strikes Answer for Failure to Provide Discovery
On August 23, 2023, the Second Department issued a decision in U.S. Bank N.A. v. Henry, 2023 NY Slip Op. 04391, holding that the adequacy of service turned on fact questions, including the defendant’s failure to file a change of address form with the U.S. Postal Service . . . Continue reading Adequacy of Service Turns on Fact Questions, Including the Defendant’s Failure to File a Change of Address Form with the USPS
On August 1, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 170 Tillary Corp. v. Gold Tillary Realty LLC, 2023 NY Slip Op. 32724(U), holding that if a landlord issues a notice to cure regarding unpaid rent, a tenant may seek a Yellowstone injunction seeking time to cure the failure to pay rent . . . Continue reading Tenant May Seek a Yellowstone Injunction to Cure Failure to Pay Rent
On August 16, 2023, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Campbell, 2023 NY Slip Op. 04303, holding that the trial court erred in dismissing an action for failure to prosecute sua sponte . . . Continue reading Court Erred in Dismissing Action for Failure to Prosecute
A question that we are occasionally asked concerns attorneys as whistleblowers. It’s a reasonable question—who is better positioned to know whether their employer (for in-house counsel) or client (external counsel) Continue reading Can a Lawyer be a Whistleblower?
On August 16, 2023, the Second Department issued a decision in Whelan v. Busiello, 2023 NY Slip Op. 04334, holding that a notice of pendency was improper because it did not relate to the possession, use or enjoyment of, real property . . . Continue reading Notice of Pendency Improper if it Does Not Apply to the Possession, Use or Enjoyment of Real Property
On August 9, 2023, Justice Borrok of the New York County Commercial Division issued a decision in NFGTV, Inc. v. Lutz & Carr Certified Pub. Accountants, LLP, 2023 NY Slip Op. 50849(U), granting summary judgement on an accounting malpractice claim without expert evidence based on the defendant’s prior conduct . . . Continue reading Court Grants Judgment on Malpractice Claim Without Expert Evidence Based on Defendant’s Prior Conduct
On August 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Shakur v. Fullerton, 2023 NY Slip Op. 32795(U), holding that when the interest rate on a note is described differently in words and numerals, the words control . . . Continue reading When the Interest Rate on Note is Described Differently in Words and Numerals, the Words Control
