On April 30, 2024, the First Department issued a decision in Alghafly v. Ewiess, 2024 NY Slip Op. 02271, affirming the denial of a motion to vacate a default judgment because of the failure to submit an affidavit showing the factual basis for the motion . . . Continue reading Failure to Provide Factual Basis for Vacating Default Dooms Motion to Vacate
On May 1, 2024, Justice Reed of the New York County Commercial Division issued a decision in Deutsche Bank Natl. Trust Co. v. HSBC Fin. Corp., 2024 NY Slip Op. 50512(U), upholding failure to notify claims . . . Continue reading Court Upholds RMBS Failure to Notify Claims
On April 17, 2024, the Second Department issued a decision in Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc., 2024 NY Slip Op. 02032, refusing to enforce a forum selection clause requiring a challenge to an insurance policy under New York law to be heard in Nebraska . . . Continue reading Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska
On April 17, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Demasco, 2024 NY Slip Op. 02033, holding that a summary judgment motion failed for lack of proof that the evidence submitted in support of it were business records . . . Continue reading Summary Judgment Motion Fails For Lack of Proof That Evidence Submitted in Support Were Business Records
On April 16, 2024, the First Department issued a decision in Ho v. Star Contrs., Inc., 2024 NY Slip Op. 02014, holding that a fraud claim based on alleged misrepresentations regarding the performance of a contract should be dismissed as duplicative of a breach of contract claim . . . Continue reading Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim
On April 18, 2024, the First Department issued a decision in 3B Assoc. LLC v. Ecommission Solutions, LLC, 2024 NY Slip Op. 02086, holding that a contract action should not have been consolidated with a later-filed tort action . . . Continue reading Contract Action Should Not Have Been Consolidated With Later-Filed Tort Action
On April 18, 2024, the First Department issued a decision in JDS Constr. Group LLC v. Copper Servs., LLC, 2024 NY Slip Op. 02097, holding that counsel’s failure to answer or oppose a motion for default judgment despite telling the client he would do so was a reasonable excuse for the default justifying vacating the default . . . Continue reading Counsel’s Failure to Answer or Oppose Motion for Default Despite Telling Defendant He Would Do So Reasonable Excuse Justifying Vacating the Default
On April 18, 2024, the Court of Appeals issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, 2024 NY Slip Op. 02081, holding that a buyer in an asset purchase acquisition was subject to personal jurisdiction based on the seller’s conduct . . . Continue reading Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct
On April 5, 2024, Justice Chan of the New York County Commercial Division issued a decision in Wietschner v. 9 Vandam JV LLC, 2024 NY Slip Op. 31172(U), holding that questions of fact regarding whether a note was in default precluded a motion for summary judgment in lieu of complaint . . . Continue reading Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint
On April 6, 2024, Justice Masley of the New York County Commercial Division issued a decision in James Riv. Group Holdings, Ltd. v. Fleming Intermediate Holdings LLC, 2024 NY Slip Op. 31196(U), granting a mandatory injunction . . . Continue reading Court Grants Mandatory Injunction
