Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service
Commercial Case Notes / Service of Process

Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service

On August 6, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Marcello v. MK Cuisine Global LLC, 2025 NY Slip Op. 33048(U), holding that a denial of receipt of service, without more, is insufficient to overcome the presumption of proper service created by an affidavit of service . . . Continue reading Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service

Default Not Vacated Because of Failure Adequately to Show Meritorious Claims
Commercial Case Notes / Default Judgment

Default Not Vacated Because of Failure Adequately to Show Meritorious Claims

On July 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in JG Group Holdings LLC v. Kahlon, 2025 NY Slip Op. 33022(U), refusing to vacate a default judgment because of the movant’s failure adequately to show that it had potentially meritorious claims . . . Continue reading Default Not Vacated Because of Failure Adequately to Show Meritorious Claims

Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims

On July 18, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Robinson v. Pearl Delta Funding LLC, 2025 NY Slip Op. 33023(U), dismissing an action in favor of a prior pending action even though the claims in the two actions were not identical . . . Continue reading Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims

Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding
Commercial Case Notes / Contracts / Court Rules and Procedures

Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding

On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 32996(U), holding that when counsel for a party did not respond to an e-mail memorializing a stipulation, there was no binding stipulation, even though the parties might have reached an oral agreement . . . Continue reading Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding

Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint

On August 7, 2025, Justice Crane of the New York County Commercial Division issued an order in Deutsche Bank AG, N.Y. Branch v. Rosenfeld, 2025 NY Slip Op. 33005(U), holding that, performance guaranties did not bar the enforcement of payment guaranties by summary judgment in lieu of complaint . . . Continue reading Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint

Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules
Commercial Case Notes / Court Rules and Procedures / Discovery/Disclosure / Sanctions

Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules

On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in RSM US LLP v. Notes, 2025 NY Slip Op. 32971(U), rejecting a JHO’s award of sanctions because of the movant’s failure to meet and confer as required by the Commercial Division rules . . . Continue reading Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules

Court Grants Attachment in Support of Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Court Grants Attachment in Support of Arbitration

On July 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v. Desktop Metal, Inc., 2025 NY Slip Op. 32953(U), granting an injunction is support of an arbitration, holding, regarding the justification for the attachment, that any arbitration award might be rendered ineffectual without the attachment . . . Continue reading Court Grants Attachment in Support of Arbitration