On February 6, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Libertas Funding, LLC v. Travelland RV, Inc., 2024 NY Slip Op. 30415(U), holding that the Business Corporations Law does not bar a suit by a non-resident against a foreign LLC in New York . . . Continue reading BCL Does Not Bar Non-Resident’s Suit Against Foreign LLC in New York
On February 2, 2024, the Fourth Department issued a decision in Capizzi v. Brown Chiari LLP, 2024 NY Slip Op. 00535, holding that an oral partnership agreement trumps the default rules of the Partnership Law . . . Continue reading Oral Agreement Can Trump Partnership Law
On February 7, 2024, the Second Department issued a decision in Board of Mgrs. of the Poseidon Condominium v. Costantino Prop. Mgt., LLC, 2024 NY Slip Op. 00608, holding that it was error for a referee to make a recommendation without holding a hearing when the order of reference called for a hearing . . . Continue reading It is Error for Referee to Decline to Hold a Hearing if the Order of Reference Calls for One
On February 8, 2024, the First Department issued a decision in Employees Retirement Sys. for the City of Providence v. Rohner, 2024 NY Slip Op. 00674, holding that a forum non conveniens motion failed because of a dispute’s ties to New York . . . Continue reading Forum Non Conveniens Motion Fails Because of Dispute’s Ties to New York
On January 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Porges v. Kleinman, 2024 NY Slip Op. 30248(U), holding that a confession of judgment was unenforceable because of a failure to identify the signor’s residence . . . Continue reading Confession of Judgment Unenforceable Because of Failure Properly to Identify Signor’s Residence
On January 31, 2024, the Second Department issued a decision in Mention v. Archbishop Stepinac High Sch., 2024 NY Slip Op. 00416, dismissing a complaint for failure fully to provide discovery . . . Continue reading Complaint Dismissed for Failure Fully to Provide Discovery
On January 31, 2024, the Second Department issued a decision in Meserole Hub, LLC v. Rosenzweig, 2024 NY Slip Op. 00417, dismissing a professional malpractice claim as duplicative of a breach of contract claim . . . Continue reading Professional Malpractice Claim Dismissed as Duplicative of Breach of Contract Claim
On January 31, 2024, the Second Department issued a decision in Misty Cleaning Servs., Inc. v. Independent Group Home Living Program, Inc., 2024 NY Slip Op. 00418, holding that a liquidated damages clause was not enforceable . . . Continue reading Liquidated Damages Clause Not Enforceable
On February 2, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Soloway v. The CIM Group, 2024 NY Slip Op. 30377(U), holding that a claim was not time-barred because the fiduciary’s continuing failure to act was a continuing breach . . . Continue reading Claim Not Time-Barred Because Fiduciary’s Continuing Failure to Act Was Continuing Breach
On January 29, 2024, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2024 NY Slip Op. 30330(U), dismissing a contribution claim because the underlying claim sought economic damages . . . Continue reading Contribution Claim Dismissed Because Underlying Claim Sought Economic Damages
