Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses
Commercial Case Notes / Court Rules and Procedures

Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses

On October 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Miller v. 22 Ericsson Owner LLC, 2025 NY Slip Op. 51595(U), allowing a plaintiff to discontinue an action without prejudice conditioned on the plaintiff paying the defendant’s fees and expenses . . . Continue reading Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses

Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process
Commercial Case Notes / Discovery/Disclosure

Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process

On October 16, 2025, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2025 NY Slip Op. 05744, holding that a court lacked the power to order discovery of a foreign non-party without following the Hague Convention process . . . Continue reading Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process

Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract

On October 3, 2025, the Fourth Department issued a decision in JSC Mgt. Group, LLC v. West Gen. Contrs., LLC, 2025 NY Slip Op. 05351, holding that contract and quasi-contract claims may be made in the alternative when there is a dispute over the existence of a contract . . . Continue reading Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract

Court Grants Default Judgment in Favor of Defendant and Against Plaintiff on Counterclaims
Commercial Case Notes / Default Judgment

Court Grants Default Judgment in Favor of Defendant and Against Plaintiff on Counterclaims

On September 24, 2025, Justice Patel of the New York County Commercial Division issued a decision in Ahmed v. Ahmed, 2025 NY Slip Op. 33668(U), granting a default judgment in favor of the defendant and against the plaintiff on the defendant’s counterclaims . . . Continue reading Court Grants Default Judgment in Favor of Defendant and Against Plaintiff on Counterclaims

Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine

On September 26, 2025, Justice Patel of the New York County Commercial Division issued a decision in Leinhardt v. Socure, Inc., 2025 NY Slip Op. 33670(U), holding that a fraud claim survived dismissal for lack of due diligence because of the application of the special facts doctrine . . . Continue reading Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine