On July 31, 2024, the Second Department issued a decision in Wells Fargo Vendor Fin. Servs., LLC v. Elslawy, 2024 NY Slip Op. 04099, holding that a defendant’s confusion on whether he was being sued does not excuse a failure to answer . . . Continue reading Defendant’s Confusion Over Whether He Was Being Sued Does Not Excuse Failure to Answer
On July 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. SMI USA Group LLC, 2024 NY Slip Op. 50977(U), holding that insufficient similarity of suits defeated a motion to dismiss in favor of a prior pending action . . . Continue reading Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action
On August 1, 2024, the First Department issued a decision in Shah v. 20 E. 64th St. LLC, 2024 NY Slip Op. 04116, holding that even a broadly worded indemnification provision was insufficient to overcome Hooper’s strong presumption against inter-party indemnification . . . Continue reading “Broadly Worded” Indemnification Insufficient to Overcome Hooper’s Strong Presumption Against Inter-Party Indemnification
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Invesco Group Servs., Inc. v. AST Fund Solutions, LLC, 2024 NY Slip Op. 32523(U), holding that a party was estopped for making a claim for more than the amount owed on a final invoice . . . Continue reading Party Estopped From Suing for More than Amount Charged on Final Invoice
On July 18, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Peerenboom v. Marvel Entertainment, LLC, 2024 NY Slip Op. 32473(U), holding that a non-party should not be sanctioned for failing to preserve evidence . . . Continue reading Non-Party Not Liable for Failing to Preserve Evidence
On July 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gutnick v. Jacobson, 2024 NY Slip Op. 32481(U), holding that an amended complaint may not incorporate by reference allegations in the original complaint . . . Continue reading Amended Complaint May Not Incorporate by Reference Allegations in Original Complaint
On July 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in RDM Capital Funding v. Stellar Beach Rentals LLC, 2024 NY Slip Op. 32482(U), holding that a merchant cash advance agreement was not a loan, and thus was not subject to the usury laws . . . Continue reading Merchant Cash Advance Agreement Not a Loan, and Thus Not Subject to Usury Laws
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Agarwal v. Jain, 2024 NY Slip Op. 32492(U), holding that allegations of bad faith barred dismissal of breach of fiduciary duty claims based on the business judgment rule . . . Continue reading Allegations of Bad Faith Bar Dismissal Based on Business Judgment Rule
On July 15, 2024, Justice Patel of the New York County Commercial Division issued a decision in Country-Wide Ins. Co. v. Quick Docs Med. PLLC, 2024 NY Slip Op. 32499(U), vacating an arbitral award for prior court decision resolving the same dispute . . . Continue reading Arbitral Award Vacated for Conflicting With Prior Court Decision Relating to Dispute
On July 24, 2024, the Second Department issued a decision in Tzu Yen Cheung v. Dolar Shop Rest. Group, LLC, 2024 NY Slip Op. 03905, holding that an LLC does not (necessarily) owe a fiduciary duty to its members . . . Continue reading LLC Does Not (Necessarily) Owe a Fiduciary Duty to its Members
