Legal Malpractice Claim Fails for Lack of Facts Showing That Alleged Malpractice Caused the Plaintiff’s Loss
Commercial Case Notes / Professional Malpractice

Legal Malpractice Claim Fails for Lack of Facts Showing That Alleged Malpractice Caused the Plaintiff’s Loss

On May 31, 2023, the Second Department issued a decision in Floral Park Ophthalmology, P.C. v. Ruskin Moscou Faltischek, LLP, 2023 NY Slip Op. 02863, holding that a legal malpractice claim failed for lack of facts showing that the alleged malpractice caused the plaintiff’s loss . . . Continue reading Legal Malpractice Claim Fails for Lack of Facts Showing That Alleged Malpractice Caused the Plaintiff’s Loss

Even Though Defendant Did Not Have a Fiduciary Duty to the Plaintiff, it Had a Sufficiently Close Relationship That it Could be Liable for Negligence
Commercial Case Notes / Contracts / Fiduciaries

Even Though Defendant Did Not Have a Fiduciary Duty to the Plaintiff, it Had a Sufficiently Close Relationship That it Could be Liable for Negligence

On May 30, 2023, the First Department issued a decision in ERA Capital L.P. v. Soleil Chartered Bank, 2023 NY Slip Op. 02845, holding that even though the defendant did not have a fiduciary duty to the plaintiff, it had a sufficiently close relationship that it could be held liable for negligence . . . Continue reading Even Though Defendant Did Not Have a Fiduciary Duty to the Plaintiff, it Had a Sufficiently Close Relationship That it Could be Liable for Negligence

Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address
Commercial Case Notes / Service of Process

Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address

On May 19, 2023, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2023 NY Slip Op. 31697(U), holding that nail and mail service was ineffective because of the failure to investigate whether service was made at the correct address . . . Continue reading Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address

Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials
Fraud/Misrepresentation / Statute of Limitation/Laches

Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials

On May 23, 2023, Justice Reed of the New York County Commercial Division issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2023 NY Slip Op. 50503(U), holding that a plaintiff was on inquiry notice of a fraud claim notwithstanding the defendant’s denials . . . Continue reading Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials

Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer
Commercial Case Notes / Contracts / Fraud/Misrepresentation / Standing

Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer

On May 25, 2023, the First Department issued a decision in SureFire Dividend Capture, LP v. Industrial & Commercial Bank of China Fin. Servs. LLC, 2023 NY Slip Op. 02841, holding that a fraud claim relating to a contract or note can be assigned, but that the agreement transferring the claim must show an intent to transfer the claim . . . Continue reading Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer