On June 5, 2025, the First Department issued a decision in Gamma USA, Inc. v. Pavarini McGovern, LLC, 2025 NY Slip Op. 03380, finding that none of the exceptions to a no damages for delay clause applied . . . Continue reading Court Declines to Waive No Damages for Delay Clause
On June 16, 2025, the Office of Court Administration issued a request for public comment on a proposed new Commercial Division rule regarding virtual evidence courtrooms . . . Continue reading Proposed New Commercial Division Rule Regarding Virtual Evidence Courtrooms
On May 23, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Rotonde v. Stewart Title Ins. Co., 2025 NY Slip Op. 50862(U), dismissing an action for failure properly to serve the defendant . . . Continue reading Action Dismissed for Failure Properly to Serve the Defendant
On May 27, 2025, Justice Reed of the New York County Commercial Division issued a decision in Schneider v. Pine Mgt., Inc., 2025 NY Slip Op. 50855(U), refusing to seal court records showing non-party names and addresses . . . Continue reading Court Refuses to Seal Records Showing Non-Party Names and Addresses
On May 28, 2025, the Second Department issued a decision in Lapin v. Verner, 2025 NY Slip Op. 03184, holding that a fraud claim based on omissions failed for insufficiently alleging materiality or a duty to disclose . . . Continue reading Fraud Claim Based on Omissions Failed for Insufficient Allegations of Materiality or a Duty to Disclose
On May 28, 2025, the Second Department issued a decision in Ping Lin v. Dao Asian Rest., Inc., 2025 NY Slip Op. 03212, holding that it was error for a trial court to refuse to vacate a default judgment when there was sufficient justification for a law office failure . . . Continue reading Default Excused Due to Law Office Failure
On May 28, 2025, the Second Department issued a decision in Triple E. Constr., Inc. v. Green-Citi Mgt., Inc., 2025 NY Slip Op. 03218, holding that conclusory allegations of law office failure are an insufficient basis for opposing a default judgment . . . Continue reading Conclusory Allegations of Law Office Failure Insufficient to Oppose Default Judgment
On May 27, 2025, the First Department issued a decision in Mandour v. Rafalsky, 2025 NY Slip Op. 03160, holding that the continuous representation doctrine does not apply to a claim arising from a business transaction with an attorney . . . Continue reading Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney
On May 19, 2025, Justice Masley of the New York County Commercial Division issued a decision in Matter of Bank of N.Y. Mellon, 2025 NY Slip Op 31952(U), enforcing an indenture’s write-up provisions notwithstanding past practice and arguments about waterfall logic . . . Continue reading Article 77 Decision Enforces Write-Up Provisions Notwithstanding Past Practice and Arguments About Waterfall Logic
On May 29, 2025, the First Department issued a decision in Martin v. William & Cindy Abrams Family Trust, 2025 NY Slip Op. 03253, holding that an agreement did not provide for the forfeiture of an ownership interest in a corporation because it did not clearly provide for it . . . Continue reading Agreement Does Not Result in Forfeiture Because Agreement Did Not Clearly Provide for It
