On April 8, 2025, the First Department issued a decision in BML Props. Ltd. v. China Constr. Am., Inc., 2025 NY Slip Op. 02030, holding that a party waived the right to rely on foreign law by giving insufficient notice . . . Continue reading Party Waives Right to Rely on Foreign Law By Giving Insufficient Notice
On March 20, 2025, Justice Patel of the New York County Commercial Division issued a decision in Sapient Corp. v. Taggart Continuum Tech. Solutions, Inc., 2025 NY Slip Op. 30967(U), awarding declaratory judgment on default . . . Continue reading Court Awards Declaratory Judgment by Default
On March 20, 2025, Justice Patel of the New York County Commercial Division issued a decision in Dominion Capital LLC v. HUB Cyber Sec. Ltd., 2025 NY Slip Op. 30968(U), holding that a prevailing plaintiff was not entitled to fees for defending a counterclaim . . . Continue reading Prevailing Plaintiff Not Entitled to Fees for Defending Counterclaim
On March 31, 2025, Justice Reed of the New York County Commercial Division issued a decision in 470 4th Ave. Fee Owner, LLC v. Adam Am. LLC, 2025 NY Slip Op. 50396(U), declining to consider an attorney affirmation as evidence . . . Continue reading Court Declines to Consider Attorney Affirmation as Evidence
On April 2, 2025, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2025 NY Slip Op. 01940, holding that a motion to extend time to serve was properly declined for failure to show either good cause or that the extension was in the interests of justice . . . Continue reading Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice
On April 3, 2025, the First Department issued a decision in Bloom v. Helmsley Spear, LLC, 2025 NY Slip Op. 01999, holding that pre-judgment interest should be awarded from the first date the defendant owed the plaintiff money . . . Continue reading Pre-Judgment Interest Properly Awarded From First Date Defendant Owed Plaintiff Money
On April 1, 2025, the First Department issued a decision in Riverdale Jewish Ctr. v. Brooklyn Union Gas Co., 2025 NY Slip Op. 01901, staying a case under the primary jurisdiction pending the determination of issues by the state Public Service Commission . . . Continue reading Under Primary Jurisdiction Doctrine, Case Stayed Pending Determination of Issues by Public Servicers Commission
On March 22, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2025 NY Slip Op. 30944(U), holding that the failure to meeting the timing requirements for service by publication is a jurisdictional defect . . . Continue reading Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect
On March 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Aareal Capital Corp. v. 462BDWY Land, L.P., 2025 NY Slip Op. 30952(U), denying a discovery motion for failure to comply with the Commercial Division Rule 14 dispute resolution process . . . Continue reading Motion to Compel Denied for Failure to Comply with Commercial Division Rule 14 Dispute Resolution Process
On March 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Katzoff v. BSP Agency, LLC, 2025 NY Slip Op 30946(U), holding that delay without prejudice was an insufficient reason to deny a motion to amend . . . Continue reading Delay Without Prejudice Insufficient Basis to Deny Motion to Amend
