Court Stays Civil Action Pending Resolution of Criminal Action Against Non-Party Corporate Officer
Commercial Case Notes / Court Rules and Procedures

Court Stays Civil Action Pending Resolution of Criminal Action Against Non-Party Corporate Officer

On March 10, 2025, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2025 NY Slip Op. 50309(U), staying a civil action pending the resolution of a criminal action against a non-party officer of a corporate defendant . . . Continue reading Court Stays Civil Action Pending Resolution of Criminal Action Against Non-Party Corporate Officer

Corporate Officer Should Not Have Been Allowed to Use Corporate Funds for Personal Defense Costs Without Obtaining an Undertaking
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Corporate Officer Should Not Have Been Allowed to Use Corporate Funds for Personal Defense Costs Without Obtaining an Undertaking

On March 12, 2025, the Second Department issued a decision in Billings v. Billings Props., Inc., 2025 NY Slip Op. 01339, holding that a corporate officer should not have been allowed to use corporate funds to pay for the defense of claims against her personally without obtaining an undertaking to repay those funds . . . Continue reading Corporate Officer Should Not Have Been Allowed to Use Corporate Funds for Personal Defense Costs Without Obtaining an Undertaking

Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding
Commercial Case Notes / Service of Process

Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding

On March 13, 2025, the First Department issued a decision in Matter of Shasha v. Malkin, 2025 NY Slip Op. 01434, holding that opposing counsel’s past practice of accepting service by e-mail did not constitute agreement to accept such service in a new proceeding . . . Continue reading Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding

Nominal Damages Sufficient to Meet Damages Element of Breach of Contract Claim
Commercial Case Notes / Contracts / Damages

Nominal Damages Sufficient to Meet Damages Element of Breach of Contract Claim

On February 28, 2025, Justice Masley of the New York County Commercial Division issued a decision in Martha Stewart Living Omnimedia, LP v. Snow Joe LLC, 2025 NY Slip Op. 30683(U), holding that nominal damages are sufficient to meet that damages element of a breach of contract claim . . . Continue reading Nominal Damages Sufficient to Meet Damages Element of Breach of Contract Claim

Court Denies Attorney’s Motion to Withdraw Because Application Lack Sufficient Detail
Commercial Case Notes / Law Firms and Professional Ethics

Court Denies Attorney’s Motion to Withdraw Because Application Lack Sufficient Detail

On February 27, 2025, Justice Reed of the New York County Commercial Division issued a decision in Concordance Healthcare Solutions LLC v. Kori Capital Inc., 2025 NY Slip Op. 50257(U), denying a motion to withdraw because the application lacked sufficient detail . . . Continue reading Court Denies Attorney’s Motion to Withdraw Because Application Lack Sufficient Detail