John Lundin, Author at Lundin PLLC

Party Bound By Agreement He Signed, Despite Claims That it Was Not the Agreement He Intended to Sign

On October 15, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Vaporvm Holding Corp. v. Fayazi, 2025 NY Slip Op. 34028(U), holding that a party was bound by an agreement he signed, despite claims that it was not the agreement he intended to sign . . . Continue reading Party Bound By Agreement He Signed, Despite Claims That it Was Not the Agreement He Intended to Sign

Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client

On October 15, 2025, Justice Patel of the New York County Commercial Division issued a decision in Jfurti, LLC v. Mintz, Levin, Cohn, Ferris, Glovky & Popeo, P.C., 2025 NY Slip Op. 33977(U), dismissing a Judiciary Law Section 487 claim because it was brought against the client, not its counsel . . . Continue reading Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client

Commercial Case Notes / Corporations

Under Internal Affairs Doctrine, Accounting Under New York Law Not Available for Caymans Entity

On October 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Guang Huang v. Jingjing Zhou, 2025 NY Slip Op. 51696(U), holding that under the internal affairs doctrine, an accounting under New York law was unavailable in an action relating to a Caymans entity . . . Continue reading Under Internal Affairs Doctrine, Accounting Under New York Law Not Available for Caymans Entity

Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because Amounts Owed Not Clear on Face of Guaranties

On October 10, 2025, Justice Bannon of the New York County Commercial Division issued a decision in CMTG JPM Term Funding LLC v. Chetrit, 2025 NY Slip Op. 33991(U), denying summary judgment in lieu of complaint on two guaranties because the amount owed was not clear on the face of the guaranties . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Amounts Owed Not Clear on Face of Guaranties

Commercial Case Notes / Fiduciaries

Constructive Trust Imposed Based on Abuse of Confidential or Fiduciary Relationship

On October 29, 2025, the Second Department issued a decision in Guambana v. Molina, 2025 NY Slip Op. 05942, affirming the imposition of a constructive trust based on the abuse of a confidential or fiduciary relationship . . . Continue reading Constructive Trust Imposed Based on Abuse of Confidential or Fiduciary Relationship

Commercial Case Notes / Service of Process

Service of Process Valid if Made as Required by Contract, Even if Defendant Did Not Receive Documents

On October 30, 2025, the First Department issued a decision in Diamond Films Netherlands Cooperatief U.A. v. TV Azteca S.A.B. De C.V., 2025 NY Slip Op. 06017, holding that service of process was valid if made as required by contract, even if the defendant did not receive the documents . . . Continue reading Service of Process Valid if Made as Required by Contract, Even if Defendant Did Not Receive Documents

Commercial Case Notes / Privilege/Work Product

Receiver Granted Access to Privileged Communications of Entities it Controls

On October 30, 2025, the First Department issued a decision in AT&T Mobility Holdings B.V. v. Grupo Salinas Telecom, S.A., 2025 NY Slip Op. 06016, holding that a receiver was entitled to access to the privileged communications of counsel of the entity it controls . . . Continue reading Receiver Granted Access to Privileged Communications of Entities it Controls

Commercial Case Notes / Contempt

Court Not Required to Hold Hearing on Contempt Motion When Facts Not in Dispute

On October 28, 2025, the First Department issued a decision in Astraea NYNY LLC v. Ganley, 2025 NY Slip Op. 05915, holding that a trial court was not required to hold a hearing on a contempt motion when the facts were not in dispute . . . Continue reading Court Not Required to Hold Hearing on Contempt Motion When Facts Not in Dispute

Commercial Case Notes / Contracts

Implied Covenant Claim Based on Unilaterally and Arbitrarily Setting Repayment Terms Alleged Survives Dismissal

On October 3, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Skyline Bus. Capital LLC v. Tech Ready Mix Inc., 2025 NY Slip Op. 33820(U), holding that an implied covenant claim based on unilaterally and arbitrarily setting repayment terms was adequately alleged . . . Continue reading Implied Covenant Claim Based on Unilaterally and Arbitrarily Setting Repayment Terms Alleged Survives Dismissal