On August 1, 2024, the Third Department issued a decision in Powerflex Solar, LLC v. Solar PV Pros, LLC, 2024 NY Slip Op. 04102, dismissing a conversion claim based on the failure to turn over money . . . Continue reading Conversion Claim Based on Failure to Turn Over Money Owed Dismissed
On July 26, 2024, the Fourth Department issued a decision in Resetarits Constr. Corp. v. Norfolk S. Ry. Co., 2024 NY Slip Op. 04019, holding that a motion to intervene was not untimely because the existing litigants were not prejudiced . . . Continue reading Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced
On July 26, 2024, the Fourth Department issued a decision in Oakshire Props., LLC v. Argus Capital Funding, LLC, 2024 NY Slip Op. 03943, holding that a plaintiff has adequately alleged that a merchant cash advance agreement was in fact an usurious loan . . . Continue reading Plaintiff Adequately Alleged That Merchant Cash Advance Agreement Was an Usurious Loan
On July 31, 2024, the Second Department issued a decision in Wells Fargo Vendor Fin. Servs., LLC v. Elslawy, 2024 NY Slip Op. 04099, holding that a defendant’s confusion on whether he was being sued does not excuse a failure to answer . . . Continue reading Defendant’s Confusion Over Whether He Was Being Sued Does Not Excuse Failure to Answer
On July 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. SMI USA Group LLC, 2024 NY Slip Op. 50977(U), holding that insufficient similarity of suits defeated a motion to dismiss in favor of a prior pending action . . . Continue reading Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action
On August 1, 2024, the First Department issued a decision in Shah v. 20 E. 64th St. LLC, 2024 NY Slip Op. 04116, holding that even a broadly worded indemnification provision was insufficient to overcome Hooper’s strong presumption against inter-party indemnification . . . Continue reading “Broadly Worded” Indemnification Insufficient to Overcome Hooper’s Strong Presumption Against Inter-Party Indemnification
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Invesco Group Servs., Inc. v. AST Fund Solutions, LLC, 2024 NY Slip Op. 32523(U), holding that a party was estopped for making a claim for more than the amount owed on a final invoice . . . Continue reading Party Estopped From Suing for More than Amount Charged on Final Invoice
On July 18, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Peerenboom v. Marvel Entertainment, LLC, 2024 NY Slip Op. 32473(U), holding that a non-party should not be sanctioned for failing to preserve evidence . . . Continue reading Non-Party Not Liable for Failing to Preserve Evidence
On July 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gutnick v. Jacobson, 2024 NY Slip Op. 32481(U), holding that an amended complaint may not incorporate by reference allegations in the original complaint . . . Continue reading Amended Complaint May Not Incorporate by Reference Allegations in Original Complaint
On July 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in RDM Capital Funding v. Stellar Beach Rentals LLC, 2024 NY Slip Op. 32482(U), holding that a merchant cash advance agreement was not a loan, and thus was not subject to the usury laws . . . Continue reading Merchant Cash Advance Agreement Not a Loan, and Thus Not Subject to Usury Laws
