LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication
Commercial Case Notes / Standing

LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication

On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hopkins Hawley LLC v. Yarrow Two LLC, 2025 NY Slip Op. 33745(U), holding that a an LLC lacked standing to sue when it had failed to publish its articles of organization and file the proof of publication , , , Continue reading LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication

Plaintiff May Seek Legal Fees as Damages When They Arise in an Earlier Litigation
Commercial Case Notes / Damages / Indemnification, Advancement and Attorneys' Fees

Plaintiff May Seek Legal Fees as Damages When They Arise in an Earlier Litigation

On October 4, 2025, Justice Masley of the New York County Commercial Division issued a decision in Comcast Cable Communications Mgt., LLC v. Entropic Communications, LLC, 2025 NY Slip Op. 33776(U), holding that a plaintiff could seek legal fees as damages because they arose in an earlier action . . . Continue reading Plaintiff May Seek Legal Fees as Damages When They Arise in an Earlier Litigation

Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses
Commercial Case Notes / Court Rules and Procedures

Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses

On October 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Miller v. 22 Ericsson Owner LLC, 2025 NY Slip Op. 51595(U), allowing a plaintiff to discontinue an action without prejudice conditioned on the plaintiff paying the defendant’s fees and expenses . . . Continue reading Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses

Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process
Commercial Case Notes / Discovery/Disclosure

Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process

On October 16, 2025, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2025 NY Slip Op. 05744, holding that a court lacked the power to order discovery of a foreign non-party without following the Hague Convention process . . . Continue reading Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process

Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract

On October 3, 2025, the Fourth Department issued a decision in JSC Mgt. Group, LLC v. West Gen. Contrs., LLC, 2025 NY Slip Op. 05351, holding that contract and quasi-contract claims may be made in the alternative when there is a dispute over the existence of a contract . . . Continue reading Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract