Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment
Commercial Case Notes / Summary Judgment

Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment

On July 16, 2025, the Second Department issued a decision in Queens Syndicate Co. v. Daniarov, 2025 NY Slip Op. 04196, holding that the mere possibility that discovery could disclose favorable evidence is an insufficient basis to oppose a motion for summary judgment . . . Continue reading Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment

Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract
Commercial Case Notes / Fraud/Misrepresentation

Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract

On July 3, 2025, Justice Chan of the New York County Commercial Division issued a decision in Wilburger v. Ava Labs, Inc., 2025 NY Slip Op. 51072(U), refusing to dismiss a fraudulent inducement claim even though the alleged inducement was contradicted by the parties’ contract . . . Continue reading Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract

Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it

On July 1, 2025, the First Department issued a decision in Xinni Zhang v. Chu, 2025 NY Slip Op. 03988, holding that a losing party should have been given an opportunity to challenge that calculation of the fee award against it . . . Continue reading Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it

Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party
Commercial Case Notes / Discovery/Disclosure

Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party

On July 1, 2025, the First Department issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 03968, holding that a non-party was entitled to recover its expenses in responding to a subpoena even though it later became a party . . . Continue reading Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party

Absolute Litigation Privilege Does Not Bar Suit for Breach of NDA in Connection With a Litigation
Commercial Case Notes / Contracts / Defamation

Absolute Litigation Privilege Does Not Bar Suit for Breach of NDA in Connection With a Litigation

On June 26, 2025, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2025 NY Slip Op. 03872, holding that the absolute litigation privilege does not bar a suit for breach of an NDA in connection with a litigation . . . Continue reading Absolute Litigation Privilege Does Not Bar Suit for Breach of NDA in Connection With a Litigation

Theft of Trade Secrets Claim Dismissed as Duplicative of Claim Relating to Breach of NDA
Commercial Case Notes / Contracts / Intellectual Property

Theft of Trade Secrets Claim Dismissed as Duplicative of Claim Relating to Breach of NDA

On May 16, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Sifi Networks Am. LLC v. Generate Capital, PBC, 2025 NY Slip Op. 31842(U), dismissing a theft of trade secrets claim as duplicative of a claim for breach of a NDA . . . Continue reading Theft of Trade Secrets Claim Dismissed as Duplicative of Claim Relating to Breach of NDA