On September 27, 2024, Justice Reed of the New York County Commercial Division issued a decision in Subify LLC v. Ace Hat Collection Inc., 2024 NY Slip Op. 51336(U), refusing counsel to withdraw without consent or adequate justification . . . Continue reading Court Declines to Allow Counsel To Withdraw Without Consent or Adequate Justification
On September 27, 2024, Justice Patel of the New York County Commercial Division issued a decision in Aerogen LLC v. Tapjets Holdings Inc., 2024 NY Slip Op. 51341(U), declining to dismiss in favor of an earlier filed action when the later action involved more parties and contracts . . . Continue reading Court Declines to Dismiss in Favor of Earlier Filed Action When Later Action Involved More Parties and Contracts
On September 27, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Camelot Event Driven Fund, a Series of Frank Funds Trust v. Morgan Stanley & Co. LLC, 2024 NY Slip Op. 51352(U), holding that 10b-5 letters were not privileged or work product . . . Continue reading 10b-5 Letters Not Privileged or Work Product
On September 19, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2024 NY Slip Op. 33315(U), holding that prejudgment interest was calculated on the damages caused on the date of breach even if there was a later mitigation of damages . . . Continue reading Prejudgment Interest Calculated on Damages Caused by Breach Even if There Was a Later Mitigation of Damages
In September 19, 2024, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2024 NY Slip Op. 33322(U), refusing to recognize a mediation privilege . . . Continue reading Court Refuses to Recognize Mediation Privilege
On September 24, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Waterview Condominium LLC v. Indig, 2024 NY Slip Op. 33366(U), holding that an unincorporated corporation’s failure to sue through a representative was a curable error . . . Continue reading Unincorporated Corporation’s Failure to Sue Through a Representative Curable Error
On September 19, 2024, Justice Reed of the New York County Commercial Division issued a decision in Sumec Textile & Light Indus. Co., Ltd. v. Zee Co. Apparel Corp., 2024 NY Slip Op. 51306(U), requiring a foreign plaintiff to come to New York to be deposed . . . Continue reading Foreign Plaintiff Required to Come to New York for Deposition
On September 27, 2024, the Fourth Department issued a decision in Counsel Fin. Holdings LLC v. Sullivan Law, L.L.C., 2024 NY Slip Op. 04697, holding that a judge other than the one that issued a decision can decide a motion for reargument if the issuing judge is unavailable . . . Continue reading Motion for Reargument May Be Made By Judge That Did Not Issue Order if Issuing Judge Unavailable
On September 25, 2024, the Second Department issued a decision in Joseph v. Rassi, 2024 NY Slip Op. 04548, holding that a party may not unilaterally elect to use a categorical privilege log . . . Continue reading Party May Not Unilaterally Elect to Use a Categorical Privilege Log
On September 24, 2024, the First Department issued a decision in 4CS Ltd v. Kahiri Diamonds Ltd, 2024 NY Slip Op. 04513, holding that ongoing settlement negotiations were an insufficient Continue reading Ongoing Settlement Negotiations Insufficient Excuse for Failure to Answer
