To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case
Commercial Case Notes / Summary Judgment

To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case

On April 3, 2024, the Second Department issued a decision in Incorporated Vil. of Freeport v. Albrecht, Viggiano, Zurich & Co., P.C., 2024 NY Slip Op. 01800, holding that to prevail on summary judgment, a defendant must establish a factual basis for non-liability and not just identify gaps in the plaintiff’s case . . . Continue reading To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case

Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated
Commercial Case Notes / Corporations / Standing

Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated

On April 3, 2024, the Second Department issued a decision in Teva Realty, LLC v. Cornaga Holding Corp., 2024 NY Slip Op. 01833, holding that a defendant that dealt with an entity as a corporation cannot avoid its obligations to is because it was not properly incorporated . . . Continue reading Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated

That Court Disagrees With Counsel’s Legal Positions Insufficient Basis for Imposing Sanctions
Commercial Case Notes / Sanctions

That Court Disagrees With Counsel’s Legal Positions Insufficient Basis for Imposing Sanctions

On April 2, 2024, the First Department issued a decision in Talos Capital Designated Activity Co. v. 257 Church Holdings LLC, 2024 NY Slip Op. 01786, holding that a court’s disagreements with counsel’s litigation positions is an insufficient basis for imposing sanctions . . . Continue reading That Court Disagrees With Counsel’s Legal Positions Insufficient Basis for Imposing Sanctions

Accounting Malpractice Claim Based on Failure to Discover Client’s Not Defeated by Fact that Accountant Was Not Engaged to Perform an Audit
Commercial Case Notes / Professional Malpractice

Accounting Malpractice Claim Based on Failure to Discover Client’s Not Defeated by Fact that Accountant Was Not Engaged to Perform an Audit

On April 4, 2024, the First Department issued a decision in 1650 Broadway Assoc., Inc. v Sturm, 2024 NY Slip Op. 01864, holding that an accounting malpractice claim based on a failure to discover a client’s fraud was not defeated by the fact that the accountant was not engaged to perform an audit . . . Continue reading Accounting Malpractice Claim Based on Failure to Discover Client’s Not Defeated by Fact that Accountant Was Not Engaged to Perform an Audit

Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date
Commercial Case Notes / Court Rules and Procedures / Discovery/Disclosure

Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date

On April 4, 2024, the First Department issued a decision in Kenney v. Essex Mgt. Co., 2024 NY Slip Op. 01871, holding that the parties to a lawsuit waived further discovery by failing to complete discovery by the Note of Issue date . . . Continue reading Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date

When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims

On April 4, 2024, the First Department issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2024 NY Slip Op. 01870, holding that when there is a dispute over the existence of a contract, a plaintiff may please both contract and quasi-contract claims . . . Continue reading When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims

Court Upholds Covenant of Good Faith and Fair Dealing Claim Based on Alleged Refusal to Engage in Settlement Negotiations
Commercial Case Notes / Contracts

Court Upholds Covenant of Good Faith and Fair Dealing Claim Based on Alleged Refusal to Engage in Settlement Negotiations

On March 11, 2024, Justice Chan of the New York County Commercial Division issued a decision in Newage Garden Grove, LLC v Wells Fargo Bank, N.A., 2024 NY Slip Op. 30855(U), upholding a claim for the breach of the covenant of good faith and fair dealing based on an alleged refusal to engage in settlement negotiations . . . . Continue reading Court Upholds Covenant of Good Faith and Fair Dealing Claim Based on Alleged Refusal to Engage in Settlement Negotiations

Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement
Commercial Case Notes / Contracts

Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement

On March 5, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in NY Cardio Care PLLC v. Salman, 2024 NY Slip Op. 30850(U), holding that claims based on an alleged oral partnership agreement were barred by a no written modifications clause in an employment agreement . . . Continue reading Claims Based on Alleged Oral Partnership Agreement Barred by No Written Modifications Clause of Employment Agreement