John Lundin, Author at Lundin PLLC

Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim

On June 29, 2023, Justice Chan of the New York County Commercial Division issued a decision in Emigrant Bus. Credit Corp. v. Hanratty, 2023 NY Slip Op. 32156(U), holding that a fraudulent inducement claim based on statements of present fact was not duplicative of a breach of contract claim . . . Continue reading Fraudulent Inducement Claim Based on Statements of Present Fact Not Duplicative of Contract Claim

Commercial Case Notes / Court Rules and Procedures

Motion to Change Venue Fails Where Venue Chosen by Plaintiff is Permissible

On July 5, 2023, the Second Department issued a decision in Peet’s Coffee & Tea HoldCo, Inc. v. North Am. Elite Ins. Co., 2023 NY Slip Op. 03703, holding that a motion to change venue fails when the venue chosen by the plaintiff is permissible . . . Continue reading Motion to Change Venue Fails Where Venue Chosen by Plaintiff is Permissible

Arbitration, Mediation and Other ADR / Commercial Case Notes

Party’s Participation in Arbitrator Selection Waived Objections to It

On June 21, 2023, Justice Chan of the New York County Commercial Division issued a decision in Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, 2023 NY Slip Op. 32097(U), holding that a party’s participation in an arbitration by selecting an arbitrator waived its objection to it . . . Continue reading Party’s Participation in Arbitrator Selection Waived Objections to It

Arbitration, Mediation and Other ADR / Commercial Case Notes

Arbitrators’ Failure to Grant Requested Adjournment Not Grounds for Vacating Award

On June 23, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Panzer v. Epstein, 2023 NY Slip Op. 32099(U), holding that arbitrators’ decision not to grant a requested adjournment was not grounds for vacating an arbitral award . . . Continue reading Arbitrators’ Failure to Grant Requested Adjournment Not Grounds for Vacating Award

Commercial Case Notes / Damages / Experts

Expert Not Required to Prove Company’s Damages

On June 25, 2023, Justice Masley of the New York County Commercial Division issued a decision in Seaport Mgmt. Dev. Co., LLC v. Shop Architects, P.C., 2023 NY Slip Op. 32105(U), holding that an expert was not required to prove a company’s damages . . . Continue reading Expert Not Required to Prove Company’s Damages

Commercial Case Notes / Tortious Interference

Tortious Interference with Prospective Economic Advantage Claim Fails for Lack of Allegations of a Related Crime or Independent Tort

On June 21, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in August Constr. Group, Inc. v. DeGroat, 2023 NY Slip Op. 50604(U), dismissing a tortious interference with prospective economic advantage claim for, among other things, failure to allege a related crime or independent tort . . . Continue reading Tortious Interference with Prospective Economic Advantage Claim Fails for Lack of Allegations of a Related Crime or Independent Tort

Commercial Case Notes / Fraud/Misrepresentation

Lack of Due Diligence Bars Fraudulent Inducement Claim

On June 29, 2023, the First Department issued a decision in EPAC Tech. Ltd. v. Interforum S.A., 2023 NY Slip Op. 03543, holding that a lack of due diligence bars a fraudulent inducement claim . . . Continue reading Lack of Due Diligence Bars Fraudulent Inducement Claim

Commercial Case Notes / Unclean Hands

Unclean Hands Defense Not Available for Conduct Unrelated to Claims in Suit

On June 22, 2023, the First Department issued a decision in Talking Capital Windup LLC v. Omanoff, 2023 NY Slip Op. 03424, holding that an unclean hands defense was not available for claims unrelated to the claims in suit . . . Continue reading Unclean Hands Defense Not Available for Conduct Unrelated to Claims in Suit

Commercial Case Notes / Derivative Actions

Derivative Action Barred by Internal Affairs Doctrine

On June 22, 2023, the First Department issued a decision in Haussmann v. Baumann, 2023 NY Slip Op. 03407, holding that the internal affairs doctrine barred a derivative action . . . Continue reading Derivative Action Barred by Internal Affairs Doctrine

Commercial Case Notes / Contracts

Plaintiff Not Entitled to Consequential Damages for Breach of Letter of Intent

On June 20, 2023, the First Department issued a decision in Cresco Labs N.Y., LLC v. Fiorello Pharms., Inc., 2023 NY Slip Op. 03305, holding that a plaintiff was not entitled to consequential damages for breach of a letter of intent . . . Continue reading Plaintiff Not Entitled to Consequential Damages for Breach of Letter of Intent

Author: John Lundin