Dismissal in Favor of Prior Pending Action Denied Because of Insufficient Similarity of Parties and Claims
Commercial Case Notes / Court Rules and Procedures

Dismissal in Favor of Prior Pending Action Denied Because of Insufficient Similarity of Parties and Claims

On March 21, 2025, Justice Cohen of the New York County Commercial Division issued a decision in H.I.G. Realty Fin. II, LLC v. Kuperwasser, 2025 NY Slip Op. 30933(U), denying a motion to dismiss in favor of a prior pending action because of insufficient similarity of parties and claims . . . Continue reading Dismissal in Favor of Prior Pending Action Denied Because of Insufficient Similarity of Parties and Claims

Where Partnership Agreement Provided for Transfer of Ownership Interest at Death, Partner Could Not Transfer Ownership in His Will
Commercial Case Notes / Contracts

Where Partnership Agreement Provided for Transfer of Ownership Interest at Death, Partner Could Not Transfer Ownership in His Will

On March 27, 2025, the First Department issued a decision in Pappas v. B & G Holding Co., 2025 NY Slip Op. 01873, holding that where a partnership agreement provided for the transfer of ownership interests at death, a partner could not transfer ownership in his will . . . Continue reading Where Partnership Agreement Provided for Transfer of Ownership Interest at Death, Partner Could Not Transfer Ownership in His Will

Whether Dispute Was Subject to Arbitration Agreement Was for Arbitrator to Decide Under AAA Rules
Arbitration, Mediation and Other ADR / Commercial Case Notes

Whether Dispute Was Subject to Arbitration Agreement Was for Arbitrator to Decide Under AAA Rules

On March 27, 2025, the First Department entered a decision in Mouli v. Stern, 2025 NY Slip Op. 01872, holding that whether a dispute was subject to an agreement to arbitrate was for the arbitrator to decide under the AAA rules . . . Continue reading Whether Dispute Was Subject to Arbitration Agreement Was for Arbitrator to Decide Under AAA Rules

That Defendants Played a Role in Transaction Insufficient, Without More, to Bind Them to Forum Selection Clause of Agreement They Did Not Sign
Commercial Case Notes / Venue

That Defendants Played a Role in Transaction Insufficient, Without More, to Bind Them to Forum Selection Clause of Agreement They Did Not Sign

On March 19, 2025, Justice Chan of the New York County Commercial Division issued a decision in Talipot ESG Invs. LLC v. Bulltick Fin. Advisory Servs. LLC, 2025 NY Slip Op. 50349(U), holding that the fact that defendants played a role in a transaction was insufficient, without more to bind them to the forum selection clause of an agreement they did not sign . . . Continue reading That Defendants Played a Role in Transaction Insufficient, Without More, to Bind Them to Forum Selection Clause of Agreement They Did Not Sign