On May 10, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Idi v. Sela, 2024 NY Slip Op. 31679(U), holding that an accounting claim based on a breach of fiduciary duty has a three-year limitations period . . . Continue reading Accounting Claim Based on Breach of Fiduciary Duty Has Three-Year Limitations Period
On May 15, 2024, the Second Department issued a decision in Wang v. IV – CVCF NEB REO, LLC, 2024 NY Slip Op. 02722, holding that a short delay in serving an answer due to law office failure was sufficient excuse to avoid a default judgment . . . Continue reading Short Delay in Filing Answer Due to Law Office Failure Sufficient Excuse to Avoid Default
On May 14, 2024, the First Department issued a decision in Aronson Mayefsky & Sloan, LLP v. Praeger, 2024 NY Slip Op. 02657, holding that a law firm is allowed to bring both breach of contract and account stated claims regarding unpaid bills . . . Continue reading Law Firm Allowed to Bring Both Contract and Account Stated Claims Regarding Unpaid Bills
On May 16, 2024, the First Department issued a decision in Taxi Tours Inc. v. Go N.Y. Tours Inc., 2024 NY Slip Op. 02760, holding that an expert witness properly was excluded from testifying because of the expert’s failure to turn over all the data that was the basis for the expert’s decision . . . Continue reading Expert Precluded for Failure to Turn Over All Material Relied Upon
On May 16, 2024, the First Department issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2024 NY Slip Op. 02752, holding that judicial estoppel barred a plaintiff from changing its argument regarding choice of law after it earlier had prevailed on that argument . . . Continue reading Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument
On May 16, 2024, the Court of Appeals issued a decision in Mulacek v. ExxonMobil Corp., 2024 NY Slip Op. 02724, holding that a no action clause barred a claim against an issuer . . . Continue reading No Action Clause Bars Claim Against Issuer
On May 2, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Denver Wewatta (CO) LLC v. Amtrust Title Ins. Co., 2024 NY Slip Op. 31584(U), denying a motion to seal for lack of supporting evidence . . . Continue reading Sealing Motion Barred for Lack of Supporting Evidence
On May 1, 2024, Justice Bannon of the New York County Commercial Division issued a decision in FX Funding LLC v. Fox Rx Inc., 2024 NY Slip Op. 31587(U), denying a third motion for summary judgment for violating the one motion rule . . . Continue reading Motion Barred by One Motion Rule
On May 8, 2024, the Second Department issued a decision in Bing v. Myrtle 6, LLC, 2024 NY Slip Op. 02516, dismissing an appeal for failure to provide an adequate record . . . Continue reading Appeal Dismissed for Failure to Provide an Adequate Record
On May 8, 2024, the Second Department issued a decision in Receivable Collection Servs., LLC v. Nassau County, 2024 NY Slip Op. 02551, holding that a contract term that decreased the limitations period to bring a claim was enforceable . . . Continue reading Contract Term Decreasing Limitations Period to Bring Claim Enforceable
