When Defendant Rebuts Prima Facie Validity of Affidavit of Service, Court Should Hold a Hearing to Determine Validity of Service

When Defendant Rebuts Prima Facie Validity of Affidavit of Service, Court Should Hold a Hearing to Determine Validity of Service

On May 1, 2024, the Second Department issued a decision in 115 Essex St., LLC v. Tenth Ward, LLC, 2024 NY Slip Op. 02290, holding that when a defendant rebuts the prima facie validity of an affidavit of service, the court should hold a hearing to determine the validity of service . . . Continue reading When Defendant Rebuts Prima Facie Validity of Affidavit of Service, Court Should Hold a Hearing to Determine Validity of Service

Court Did Not Err in Refusing to Dismiss New York Action in Favor of First Filed Texas Action

Court Did Not Err in Refusing to Dismiss New York Action in Favor of First Filed Texas Action

On May 2, 2024, the First Department issued a decision in RDF Agent, LLC v. Electric Red Ventures, LLC, 2024 NY Slip Op. 02384, holding that a court did not err in refusing to dismiss a lawsuit in New York in favor of a first filed Texas action . . . Continue reading Court Did Not Err in Refusing to Dismiss New York Action in Favor of First Filed Texas Action

Party That Sent Signature Pages to His Lawyer for Inclusion in a Contract Without Reading the Final Version Bound by the Version to Which Lawyer Affixed Signature Pages

Party That Sent Signature Pages to His Lawyer for Inclusion in a Contract Without Reading the Final Version Bound by the Version to Which Lawyer Affixed Signature Pages

On May 2, 2024, the First Department issued a decision in Wilmington Trust N.A. v. Nelson, 2024 NY Slip Op. 02388, holding that a party that sent signature pages to his lawyer for inclusion in a contract without reading the final version of the contract is bound by the final version to which the lawyer affixed the signature pages . . . Continue reading Party That Sent Signature Pages to His Lawyer for Inclusion in a Contract Without Reading the Final Version Bound by the Version to Which Lawyer Affixed Signature Pages

Party’s Attorney-Client Privilege Not Waived by Communications With Outsiders Who Were Working on the Party’s Behalf

Party’s Attorney-Client Privilege Not Waived by Communications With Outsiders Who Were Working on the Party’s Behalf

On April 19, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Mesquite Cr. Wind LLC v. Mars Wind, Inc., 2024 NY Slip Op. 31470(U), holding that a party did not waive the attorney-client privilege by communicating with outsiders who were working on the party’s behalf . . . Continue reading Party’s Attorney-Client Privilege Not Waived by Communications With Outsiders Who Were Working on the Party’s Behalf

Court Seals Complaint to Prevent Allegations of Fraud and Criminal Conduct From Becoming Public

Court Seals Complaint to Prevent Allegations of Fraud and Criminal Conduct From Becoming Public

On April 10, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Ben-Hamo, 2024 NY Slip Op. 31478(U), sealing a complaint to prevent allegations of fraud and criminal conduct from becoming public . . . Continue reading Court Seals Complaint to Prevent Allegations of Fraud and Criminal Conduct From Becoming Public

Decision to Allow Non-Party Pre-Hearing Discovery Is for the Arbitrator, Not the Court

Decision to Allow Non-Party Pre-Hearing Discovery Is for the Arbitrator, Not the Court

On April 24, 2024, Justice Doyle of the Monroe County Commercial Division issued a decision in Matter of Investcloud Inc. v. Siegal, 2024 NY Slip Op. 50469(U), holding that the decision to allow non-party pre-hearing discovery is for the arbitrator, not a court . . . Continue reading Decision to Allow Non-Party Pre-Hearing Discovery Is for the Arbitrator, Not the Court

Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial

Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial

On April 19, 2024, Justice Reed of the New York County Commercial Division issued a decision in Bagatelle Little W. 12th LLC v. JEC II, LLC, 2024 NY Slip Op. 50453(U), refusing to issue letters rogatory for international discovery because the evidence sought was not crucial to deciding the lawsuit . . . Continue reading Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial

Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment

Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment

On April 24, 2024, the Second Department issued a decision in Kitchen Winners NY, Inc. v. Triptow, 2024 NY Slip Op. 02181, holding that a plaintiff was not entitled to summary judgment in lieu of complaint because there were questions of fact beyond simple proof of nonpayment . . . Continue reading Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment