On July 21, 2023, Justice Reed of the New York County Commercial Division issued a decision in Merchant Factors Corp. v. Crush Apparel & Accessories Inc., 2023 NY Slip Op. 50755(U), holding that an aiding and abetting fraud claim failed because it was not pled with particularity . . . Continue reading Aid and Abetting Fraud Claim Fails Because Not Pled with Particularity
On July 26, 2023, the Second Department issued a decision in Kingston Check Cashing Corp. v. Nussbaum Yates Berg Klein & Wolpow, LLP, 2023 NY Slip Op. 03913, holding that the attorney-witness rule applies only when counsel’s testimony is necessary, not just useful, to the moving party’s case . . . Continue reading Attorney-Witness Rule Applies Only if Counsel’s Testimony is Necessary, Not Just Useful, to the Moving Party’s Case
On July 13, 2023, Justice Odorisi of the Ontario County Commercial Division issued a decision in Kalamata Capital Group, LLC v. Crito Logistics, LLC, 2023 NY Slip Op. 32348(U), holding that inconvenience of counsel is insufficient to overcome a choice of venue clause and the plaintiff’s choice of venue . . . Continue reading Inconvenience of Counsel Does Not Overcome Choice of Venue Clause and Plaintiff’s Choice of Venue
On July 12, 2023, Justice Masley of the New York County Commercial Division issued a decision in Five Towns Pediatrics, P.C. v. Billet, Feit & Preis, P.C., 2023 NY Slip Op. 32328(U), holding that an indemnification provision must be unmistakably clear before it can be found to authorize an award of attorneys’ fees in a suit between contracting parties . . . Continue reading Indemnification Provision Must be Unmistakably Clear Before it Authorizes Award of Attorneys’ Fees in Suit Between Parties
On July 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in B N Textile Inc. v. Alhalabi, 2023 NY Slip Op. 32335(U), holding that a defendant’s solicitation of a former employer’s customers could be wrongful if it was a continuation of wrongful conduct while the defendant was an employee . . . Continue reading Defendant’s Solicitation of Former Employer’s Customers Could be Wrongful if a Continuation of Wrongful Conduct While Defendant was an Employee
On July 7, 2023, Justice Chan of the New York County Commercial Division issued a decision in White Oak Commercial Fin., LLC v. EIA Inc., 2023 NY Slip Op. 32342(U), holding that an account holder does not have standing to object to a subpoena to its bank for bank records . . . Continue reading Account Holder Lacks Standing to Object to Subpoena to Bank for Bank Records
On July 12, 2023, Justice Masley of the New York County Commercial Division issued a decision in Nusimow v. Pinchevsky, 2023 NY Slip Op. 32345(U), holding that when an entity has no board, pre-suit demand before bringing a derivative action is futile . . . Continue reading When Entity Has No Board, Pre-Suit Demand Before Bringing a Derivative Action is Futile
On July 6, 2023, Justice Chan of the New York County Commercial Division issued a decision in Propellus, Inc. v. Royal Sovereign Group, 2023 NY Slip Op. 32361(U), holding that use of a New York co-working facility address and phone Number was sufficient to create jurisdiction in New York . . . Continue reading Use of New York Co-Working Facility Address and Telephone Number Sufficient to Create Jurisdiction in New York
On July 11, 2023, Justice Masley of the New York County Commercial Division issued a decision in Burden v. General Elec. Co., 2023 NY Slip Op. 32365(U), holding that a demand for inspection of books and records made under the common law cannot be used to obtain discovery for use in litigation . . . Continue reading Common Law Demand to Inspect Books and Records Cannot Be Used to Obtain Discovery for Use in Litigation
On July 14, 2023, Justice Chan of the New York County Commercial Division issued a decision in Weisberg v. Standard, 2023 NY Slip Op. 32439(U), holding that a breach of a related contract cannot defeat a motion for summary judgment in lieu of complaint . . . Continue reading Breach of a Related Contract Cannot Defeat Motion for Summary Judgment in Lieu of Complaint on Note
