On October 16, 2025, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2025 NY Slip Op. 05744, holding that a court lacked the power to order discovery of a foreign non-party without following the Hague Convention process . . . Continue reading Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process
On October 14, 2025, the First Department issued a decision in Uno A Brokerage Inc. v. Inshur, Inc., 2025 NY Slip Op. 05658, holding that the statute of frauds barred the enforcement of an oral finder’s agreement . . . Continue reading Statute of Frauds Bars Enforcement Of Oral Finder’s Agreement
On September 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hound Partners, LLC v. Tiger Mgt. L.L.C., 2025 NY Slip Op. 33696(U), holding that a contract without a fixed termination date nonetheless was not terminable at will . . . Continue reading Contract Without Fixed Termination Date Found Not to be Terminable at Will
On October 14, 2025, the First Department issued a decision in Cohn v. RTW Retail Winds Acquisition LLC, 2025 NY Slip Op. 05626, holding that a court could not find defendants in contempt when personal jurisdiction was in doubt . . . Continue reading Court Could Not Find Defendants In Contempt When Personal Jurisdiction Was in Doubt
On October 3, 2025, the Fourth Department issued a decision in JSC Mgt. Group, LLC v. West Gen. Contrs., LLC, 2025 NY Slip Op. 05351, holding that contract and quasi-contract claims may be made in the alternative when there is a dispute over the existence of a contract . . . Continue reading Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract
On September 24, 2025, Justice Patel of the New York County Commercial Division issued a decision in Ahmed v. Ahmed, 2025 NY Slip Op. 33668(U), granting a default judgment in favor of the defendant and against the plaintiff on the defendant’s counterclaims . . . Continue reading Court Grants Default Judgment in Favor of Defendant and Against Plaintiff on Counterclaims
On September 26, 2025, Justice Patel of the New York County Commercial Division issued a decision in Leinhardt v. Socure, Inc., 2025 NY Slip Op. 33670(U), holding that a fraud claim survived dismissal for lack of due diligence because of the application of the special facts doctrine . . . Continue reading Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine
On September 30, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2025 NY Slip Op. 33671(U), dismissing a fraud claim for lack of allegation of reliance . . . Continue reading Fraud Claim Fails for Lack of Reliance
On October 8, 2025, the Second Department issued a decision in Babad v. Oratz, 2025 NY Slip Op. 05490, holding that collateral estoppel does not bar a claim based on facts discovered after judgment in the earlier case . . . Continue reading Collateral Estoppel Does Not Bar Claim Based on Facts Discovered After Judgment in Earlier Case
On October 8, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Gendelman, 2025 NY Slip Op. 05501, holding that a referee’s delay in issuing a report does not require its rejection . . . Continue reading Referee’s Delay in Issuing Report Does Not Require its Rejection
