Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price
Commercial Case Notes / Damages

Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price

On May 22, 2025, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2025 NY Slip Op. 03153, holding that a defendant liable for failing to close a transaction was liable for pre-judgment interest only on the plaintiff’s loss, not the entire transaction price . . . Continue reading Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price

Party is Prevailing Party When it Obtains Central Relief Sought
Commercial Case Notes / Damages / Indemnification, Advancement and Attorneys' Fees

Party is Prevailing Party When it Obtains Central Relief Sought

On May 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Gehl Foods, LLC v. Worldwide Sport Nutritional Supplements, Inc., 2025 NY Slip Op. 31602(U), holding that a party is a prevailing party for purposes of an attorneys’ fees award when it obtained the central relief it sought . . . Continue reading Party is Prevailing Party When it Obtains Central Relief Sought

That One of Multiple Plaintiffs is a New York Resident Does Not Bar a Forum Non Conveniens Motion
Choice of Forum/Forum Non Conveniens / Commercial Case Notes

That One of Multiple Plaintiffs is a New York Resident Does Not Bar a Forum Non Conveniens Motion

On May 20, 2025, the Court of Appeals issued a decision in Haussmann v. Baumann, 2025 NY Slip Op. 03009, holding that just because one of several plaintiffs was a New York resident did not bar a forum non conveniens motion . . . Continue reading That One of Multiple Plaintiffs is a New York Resident Does Not Bar a Forum Non Conveniens Motion

When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue
Commercial Case Notes / Discovery/Disclosure

When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue

On May 9, 2025, Justice Cohen of the New York County Commercial Division issued a decision in FitzCon Constr./Ren Corp. v. 5531-321 E. 22nd St. Manhattan LLC, 2025 NY Slip Op. 31692(U), holding that when a party fails to respond to a Notice to Admit is is deemed to have admitted the facts at issue . . . Continue reading When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue

Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages
Commercial Case Notes / Contracts / Real Property

Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages

On May 14, 2025, the Second Department issued a decision in JP Pizza Eastport, LLC v. Luigi’s Main St. Pizza, Inc., 2025 NY Slip Op. 02915, holding that a buyer’s anticipatory repudiation of a purchase contract entitled the seller to retain the buyer’s down payment as liquidated damages . . . Continue reading Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages