On September 30, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Five Star Elec. Corp. v. Trustees of Columbia Univ., 2024 NY Slip Op. 33528(U), striking a plaintiff’s complaint for failure to provide discovery . . . Continue reading Plaintiff’s Complaint Struck for Failure to Engage in Discovery
On October 7, 2024, Justice Schecter of the New York County Commercial Division issued a decision in TRB Acquisitions LLC v. Yedid, 2024 NY Slip Op. 33565(U), holding that a claim that cannot survive summary judgment lacks a substantial basis under New York’s anti-SLAPP law . . . Continue reading Claim That Cannot Survive Summary Judgment Lacks a Substantial Basis Under New York’s Anti-SLAPP Law
On October 9, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Buxbaum, 2024 NY Slip Op. 04943, holding that a conditional order of dismissal was defective because it did not give state that the plaintiff’s failure to comply with the notice would serve as a basis for a motion by the court to dismiss the action for failure to prosecute . . . Continue reading Conditional Order of Dismissal Defective Due to Insufficient Notice of Dismissal
On October 8, 2024, the First Department issued a decision in Coney Is. Auto Holdings, Corp. v. Parts Auth., LLC, 2024 NY Slip Op. 04900, affirming the imposition of spoliation sanctions on a plaintiff that deleted e-mails on the day it sent a litigation demand letter . . . Continue reading Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter
On October 4, 2024, the Fourth Department issued a decision in Liberty Maintenance, Inc. v. Alliant Ins. Servs., Inc., 2024 NY Slip op. 04871, holding that written contract’s integration clause barred a promissory estoppel claim based on an alleged oral modification of the written contract . . . Continue reading Promissory Estoppel Claim Barred by Written Contract
On October 2, 2024, the Second Department issued a decision in Parizat v. Meron, 2024 NY Slip Op. 04776, holding that an oral agreement regarding a party’s ownership interest in a company was not barred by the party’s written employment agreement . . . Continue reading Oral Agreement Regarding Ownership Interest Not Barred by Written Employment Agreement
On October 3, 2024, the First Department issued a decision in Matter of Michalow v. D.E. Shaw & Co., L.P., 2024 NY Slip Op. 04819, holding that a legal error was an insufficient basis for vacating an arbitral award . . . Continue reading Legal Error Insufficient Basis for Vacating Arbitral Award
On October 3, 2024, the First Department issued a decision in Haart v. Scaglia, 2024 NY Slip Op. 04812, holding that a promise made without the intent to perform can support a claim for fraud . . . Continue reading A Promise Made Without Intent to Perform Can Support a Claim for Fraud
On October 1, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Junik v. 61 N. 11 LLC, 2022 NY Slip Op. 34793(U), holding that a Heter Iska created an enforceable note . . . Continue reading Heter Iska is an Enforceable Note
On September 26, 2024, Justice Chan of the New York County Commercial Division issued a decision in GSP Merrimack LLC v. Javelin Global Commodities (UK) Ltd., 2024 NY Slip Op. 33460(U), holding that a settlement agreement was an executory accord, allowing the plaintiff to assert the settled claims if defendant failed to perform as agreed under the settlement . . . Continue reading Settlement Agreement Was an Executory Accord, Allowing Plaintiff to Assert Settled Claims if Defendant Failed to Perform
