CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute
Commercial Case Notes / Service of Process

CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute

On April 17, 2024, Justice Chan of the New York County Commercial Division issued a decision in CLP Luminex Holdings, LLC v. Global Consumer Acquisition LLC, 2024 NY Slip Op. 31395(U), holding that the CPLR does not allow for service on agents for service of process appointed by another state’s statute . . . Continue reading CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute

Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable

On April 19, 2024, Justice Chan of the New York County Commercial Division issued a decision in RS E Orange LLC v. Proudliving Cos., LLC, 2024 NY Slip Op. 31451(U), denying a motion for summary judgment in lieu of complaint because the amount owed was not readily ascertainable . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable

Denial of Receipt of Service or Presence at Service Address Insufficient to Overcome Prima Facie Validity of Affidavit of Service
Commercial Case Notes / Service of Process

Denial of Receipt of Service or Presence at Service Address Insufficient to Overcome Prima Facie Validity of Affidavit of Service

On May 3, 2024, the Fourth Department issued a decision in Estate of Essig v. Essig, 2024 NY Slip Op. 02396, holding that denial of receipt of service or presence at service address was insufficient to overcome the prima facie validity of an affidavit of service . . . Continue reading Denial of Receipt of Service or Presence at Service Address Insufficient to Overcome Prima Facie Validity of Affidavit of Service

Motion to Disqualify Denied Due to Lack of Relationship Between Matters in Which Counsel was Engaged
Commercial Case Notes / Law Firms and Professional Ethics

Motion to Disqualify Denied Due to Lack of Relationship Between Matters in Which Counsel was Engaged

On May 3, 2024, the Fourth Department issued a decision in Consumers Beverages, Inc. v. Kavcon Dev. LLC, 2024 NY Slip Op. 02397, holding that a motion to disqualify counsel failed because of an insufficient connection between the matters in which counsel was engaged . . . Continue reading Motion to Disqualify Denied Due to Lack of Relationship Between Matters in Which Counsel was Engaged

When Defendant Rebuts Prima Facie Validity of Affidavit of Service, Court Should Hold a Hearing to Determine Validity of Service
Commercial Case Notes / Service of Process

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
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

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