On April 6, 2024, Justice Masley of the New York County Commercial Division issued a decision in Zurich Am. Ins. Co. v. Providence Capital LLC, 2024 NY Slip Op. 31202(U), holding that a motion to dismiss a defense can be made on any ground, not just those listed in CPLR 3211(a) . . . Continue reading Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)
On April 5, 2024, Justice Reed of the New York County Commercial Division issued a decision in dMY Sponsor, LLC v. Glatt, 2024 NY Slip Op. 50364(U), upholding a claim for conversion of stock even where there was no physical stock certificate . . . Continue reading Court Upholds Claim for Conversion of Stock, Even if There was no Stock Certificate
On April 10, 2024, the Second Department issued a decision in Kefalas v. Pappas, 2024 NY Slip Op. 01912, holding that a claim based on an alleged joint venture agreement failed for lack of allegations of an agreement to share losses . . . Continue reading Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses
On March 18, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Bissell St. I, LLC v. Westbrook Partners LLC, 2024 NY Slip Op. 30884(U), quashing subpoenas to governmental agencies for failure to give CPLR 2307 notices . . . Continue reading Subpoenas to Government Agencies Quashed for Failure to Give CPLR 2307 Notice
On March 25, 2024, Justice Chan of the New York County Commercial Division issued a decision in Brand Squared LLC v. Ryse Up Sports Nutrition, LLC, 2024 NY Slip Op. 31031(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim
On March 28, 2024, Justice Chan of the New York County Commercial Division issued a decision in Safra v. SNBNY Holdings Ltd., 2024 NY Slip Op. 31061(U), dismissing an action because the court lacked personal jurisdiction over a necessary party . . . Continue reading Court Dismisses Action Because of Lack of Jurisdiction over a Necessary Party
On April 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in Mandour v. Rafalsky, 2024 NY Slip Op. 31086(U), holding that a legal malpractice claim based on a conflict of interest accrues on the date the attorney should have disclosed the conflict but failed to do so . . . Continue reading Malpractice Claim Based on Conflict of Interest Accrues on Date of Conflict
On April 1, 2024, Justice Crane of the New York County Commercial Division issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2024 NY Slip Op. 31087(U), holding that a fraudulent conveyance claim in an amended complaint related back to the original complaint . . . Continue reading Fraudulent Conveyance Claim in Amended Complaint Relates Back to Original Complaint
On March 27, 2024, Justice Livote of the Queens County Commercial Division issued a decision in Pagoulatos v. Trahanas, 2024 NY Slip Op 50352(U), holding that a conversion claim cannot be based on the misappropriation of a license . . . Continue reading Court Holds That a Conversion Claim Cannot be Based on Misappropriation of a License
On March 28, 2024, Justice Boddie of the Kings County Commercial Division issued a decision in L&M Pilates Brooklyn Mgmt, LLC v. Lerner, 2024 NY Slip Op. 50344(U), holding that a non-compete provision with no time limitation was unreasonable and thus unenforceable . . . Continue reading Non-Compete Provision of Unlimited Duration Found to be Unforceable
