John Lundin, Author at Lundin PLLC

Commercial Case Notes / Service of Process

Service of Process Valid if Made as Required by Contract, Even if Defendant Did Not Receive Documents

On October 30, 2025, the First Department issued a decision in Diamond Films Netherlands Cooperatief U.A. v. TV Azteca S.A.B. De C.V., 2025 NY Slip Op. 06017, holding that service of process was valid if made as required by contract, even if the defendant did not receive the documents . . . Continue reading Service of Process Valid if Made as Required by Contract, Even if Defendant Did Not Receive Documents

Commercial Case Notes / Privilege/Work Product

Receiver Granted Access to Privileged Communications of Entities it Controls

On October 30, 2025, the First Department issued a decision in AT&T Mobility Holdings B.V. v. Grupo Salinas Telecom, S.A., 2025 NY Slip Op. 06016, holding that a receiver was entitled to access to the privileged communications of counsel of the entity it controls . . . Continue reading Receiver Granted Access to Privileged Communications of Entities it Controls

Commercial Case Notes / Contempt

Court Not Required to Hold Hearing on Contempt Motion When Facts Not in Dispute

On October 28, 2025, the First Department issued a decision in Astraea NYNY LLC v. Ganley, 2025 NY Slip Op. 05915, holding that a trial court was not required to hold a hearing on a contempt motion when the facts were not in dispute . . . Continue reading Court Not Required to Hold Hearing on Contempt Motion When Facts Not in Dispute

Commercial Case Notes / Contracts

Implied Covenant Claim Based on Unilaterally and Arbitrarily Setting Repayment Terms Alleged Survives Dismissal

On October 3, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Skyline Bus. Capital LLC v. Tech Ready Mix Inc., 2025 NY Slip Op. 33820(U), holding that an implied covenant claim based on unilaterally and arbitrarily setting repayment terms was adequately alleged . . . Continue reading Implied Covenant Claim Based on Unilaterally and Arbitrarily Setting Repayment Terms Alleged Survives Dismissal

Commercial Case Notes / Contracts

Allegations of Protect and Economic Duress Sufficient to Defeat Motion to Dismiss Based on Voluntary Payment

On October 8, 2025, Justice Masley of the New York County Commercial Division issued a decision in Vinci Brands LLC v. Case-Mate, Inc., 2025 NY Slip Op. 33855(U), holding that allegations of protest and economic duress were sufficient to defeat a motion to dismiss based on the voluntary payment doctrine . . . Continue reading Allegations of Protect and Economic Duress Sufficient to Defeat Motion to Dismiss Based on Voluntary Payment

Commercial Case Notes / Court Rules and Procedures

Motion to Amend Denied for Failure to Show Proposed Changes

On October 10, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sauka v. Kaplan, 2025 NY Slip Op. 33899(U), denying a motion to amend because, among other reasons, the party failed to submit a copy of the amended pleading showing the proposed changes . . . Continue reading Motion to Amend Denied for Failure to Show Proposed Changes

Commercial Case Notes / Summary Judgment

Action for Summary Judgment in Lieu of Complaint Not Barred by Guaranty’s Reference to Different Agreement

On October 8, 2025, Justice Bannon of the New York County Commercial Division issued a decision in CMTG Lender 10 LLC v. Chetrit, 2025 NY Slip Op. 33902(U), holding that Continue reading Action for Summary Judgment in Lieu of Complaint Not Barred by Guaranty’s Reference to Different Agreement

Commercial Case Notes / Law Firms and Professional Ethics / Sanctions

Judiciary Law Section 487 Claim Dismissed for Failure Adequately to Allege Deceptive Acts

On October 23, 2025, the First Department issued a decision in Peck v. Milbank LLP, 2025 NY Slip Op. 05895, dismissing a Judiciary Law Section 487 claim for failure adequately to allege deceptive acts . . . Continue reading Judiciary Law Section 487 Claim Dismissed for Failure Adequately to Allege Deceptive Acts

Commercial Case Notes / Statute of Limitation/Laches

Laches Bars Claim Relating to Art Sold During Holocaust

On October 21, 2025, the First Department issued a decision in Bennigson v. Salvation Army, 2025 NY Slip Op. 05762, holding that laches barred a claim relating to art sold during the Holocaust . . . Continue reading Laches Bars Claim Relating to Art Sold During Holocaust

Commercial Case Notes / Labor/Employment

Three-Year Covenant Not To Compete Not Limited to Employer’s Customers Unenforceable

On October 21, 2025, the First Department issued a decision in Arencibia v. SilverLining, Inc., 2025 NY Slip Op. 05761, holding that a three-year covenant not to compete that was not limited to the employer’s customers was overbroad and thus unenforceable . . . Continue reading Three-Year Covenant Not To Compete Not Limited to Employer’s Customers Unenforceable

Author: John Lundin