Summary Judgment on Quantum Valebant Claim Denied Due to Questions of Fact Regarding Value of Goods Sold
Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Summary Judgment on Quantum Valebant Claim Denied Due to Questions of Fact Regarding Value of Goods Sold

On December 9, 2024, Justice Crane of the New York County Commercial Division issued a decision in GoGreen Diamonds Inc. v. Quantum Jewelry LLC, 2024 NY Slip Op. 34431(U), denying a motion for summary judgment on a quantum valebant claim because there were questions of fact regarding the value of the goods sold . . . Continue reading Summary Judgment on Quantum Valebant Claim Denied Due to Questions of Fact Regarding Value of Goods Sold

Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits

On December 11, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Cyprium Therapeutics, Inc. v. Curia Global, Inc., 2024 NY Slip Op. 51698(U), holding that whether a party can recover on an injunction undertaking is determined by the final decision on the merits . . . Continue reading Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits

Fraudulent Inducement Claim Seeking Contract-Based Damages Does Not Defeat Contract’s Jury Waiver
Commercial Case Notes / Contracts

Fraudulent Inducement Claim Seeking Contract-Based Damages Does Not Defeat Contract’s Jury Waiver

On December 19, 2024, the First Department issued a decision in International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2024 NY Slip Op. 06425, holding that a fraudulent inducement claim seeking contract-based damages does not defeat a contract’s jury waiver . . . Continue reading Fraudulent Inducement Claim Seeking Contract-Based Damages Does Not Defeat Contract’s Jury Waiver

Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely
Commercial Case Notes / Court Rules and Procedures

Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely

On November 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Carloha, Inc. v. DC Nice Car, Inc., 2024 NY Slip Op. 34176(U), denying a motion to amend to add additional defendants made after the close of discovery as untimely . . . Continue reading Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely