Court Did Not Err in Sanctioning Counsel for Improper Response to Inadvertent Production of Privileged Material
Commercial Case Notes / Discovery/Disclosure / Sanctions

Court Did Not Err in Sanctioning Counsel for Improper Response to Inadvertent Production of Privileged Material

On May 30, 2024, the First Department issued a decision in Pursuit Credit Special Opportunity Fund, L.P. v. Krunchcash, LLC, 2024 NY Slip Op. 02996, holding that the trial court did not err in sanctioning counsel for its improper response to an opponent’s inadvertent production of privileged information . . . Continue reading Court Did Not Err in Sanctioning Counsel for Improper Response to Inadvertent Production of Privileged Material

Corporate Officers Acting in Bad Faith and Outside Scope of Duties Can Be Held Liable for Actions Taken in Corporation’s Name
Commercial Case Notes / Quantum Meruit/Unjust Enrichment / Tortious Interference

Corporate Officers Acting in Bad Faith and Outside Scope of Duties Can Be Held Liable for Actions Taken in Corporation’s Name

On May 30, 2024, the First Department issued a decision in Manhattan Chrystie St. Dev. Fund, LLC v. 215 Chrystie Invs. LLC, 2024 NY Slip Op. 02989, holding that corporate officers acting in bad faith and outside the scope of their duties could be held liable for actions taken in corporation’s name . . . Continue reading Corporate Officers Acting in Bad Faith and Outside Scope of Duties Can Be Held Liable for Actions Taken in Corporation’s Name

Where There is a Question Over the Existence of a Contract, Plaintiff Can Assert Both Unjust Enrichment and Contract Claims
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Where There is a Question Over the Existence of a Contract, Plaintiff Can Assert Both Unjust Enrichment and Contract Claims

On May 30, 2024, the First Department issued a decision in 110 NC LLC v. Bank of Am., N.A., 2024 NY Slip Op. 02974, holding that when there is a question regarding the existence of a contract, a plaintiff can assert both unjust enrichment and breach of contract claims . . . Continue reading Where There is a Question Over the Existence of a Contract, Plaintiff Can Assert Both Unjust Enrichment and Contract Claims

Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service
Commercial Case Notes / Service of Process

Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service

On May 22, 2024, the Second Department issued a decision in US Bank, N.A. v. Knight, 2024 NY Slip Op. 02837, holding that the denial of receipt of service without specific facts insufficient to overcome the presumptive validity of and affidavit of service . . . Continue reading Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service

Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name
Commercial Case Notes / Court Rules and Procedures

Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name

On May 22, 2024, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Welsh, 2024 NY Slip Op. 02838, holding that absent substitution, a successor in interest can only participate in an action under the name of its predecessor’s name . . . Continue reading Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name

Substantive Law of Company’s Place of Incorporation Presumptively Applies to Claims Arising from its Internal Affairs
Commercial Case Notes / Corporations / Fiduciaries

Substantive Law of Company’s Place of Incorporation Presumptively Applies to Claims Arising from its Internal Affairs

On May 23, 2024, the Court of Appeals issued a decision in Eccles v. Shamrock Capital Advisors, LLC, 2024 NY Slip Op. 02841, holding that the substantive law of a company’s place of incorporation presumptively applies to causes of action arising from its internal affairs . . . Continue reading Substantive Law of Company’s Place of Incorporation Presumptively Applies to Claims Arising from its Internal Affairs