Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding
Commercial Case Notes / Contracts / Court Rules and Procedures

Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding

On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 32996(U), holding that when counsel for a party did not respond to an e-mail memorializing a stipulation, there was no binding stipulation, even though the parties might have reached an oral agreement . . . Continue reading Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding

Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint

On August 7, 2025, Justice Crane of the New York County Commercial Division issued an order in Deutsche Bank AG, N.Y. Branch v. Rosenfeld, 2025 NY Slip Op. 33005(U), holding that, performance guaranties did not bar the enforcement of payment guaranties by summary judgment in lieu of complaint . . . Continue reading Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint

Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules
Commercial Case Notes / Court Rules and Procedures / Discovery/Disclosure / Sanctions

Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules

On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in RSM US LLP v. Notes, 2025 NY Slip Op. 32971(U), rejecting a JHO’s award of sanctions because of the movant’s failure to meet and confer as required by the Commercial Division rules . . . Continue reading Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules

Court Grants Attachment in Support of Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Court Grants Attachment in Support of Arbitration

On July 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v. Desktop Metal, Inc., 2025 NY Slip Op. 32953(U), granting an injunction is support of an arbitration, holding, regarding the justification for the attachment, that any arbitration award might be rendered ineffectual without the attachment . . . Continue reading Court Grants Attachment in Support of Arbitration

Plaintiff Not Entitled to Lost Rent and Revenue for Breach of Construction Contract
Commercial Case Notes / Contracts / Damages

Plaintiff Not Entitled to Lost Rent and Revenue for Breach of Construction Contract

On July 25, 2025, Justice Masley of the New York County Commercial Division issued a decision in BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 NY Slip Op. 32881(U), holding that a plaintiff was not entitled to consequential damages of lost rent and revenue for breach of a construction contract . . . Continue reading Plaintiff Not Entitled to Lost Rent and Revenue for Breach of Construction Contract