On January 15, 2025, Justice Reed of the New York County Commercial Division issued a decision in Mermelstein v. Waspit Group, Inc., 2025 NY Slip Op. 50027(U) [84 Misc 3d 1263(A)], holding that a plaintiff may not move for summary judgment before the defendants answer the complaint . . . Continue reading Plaintiff May Not Move for Summary Judgment Before Defendants Answer the Complaint
On January 14, 2025, the First Department issued a decision in Finch Prop. Holdings I, LLP v. Blumenfeld, 2025 NY Slip Op. 00190, holding that a court properly declined to dismiss an action in favor of an earlier-filed action . . . Continue reading Court Properly Declined to Dismiss Case in Favor of First-Filed Action
On January 21, 2025, the First Department issued a decision in TH Holdco LLC v. Rubin, 2025 NY Slip Op. 00300, holding that a guarantor’s “liability under [a] guaranty is not reduced or extinguished by the bankruptcy proceeding initiated by the borrower.” Continue reading Borrower’s Bankruptcy Did Not Affect Guarantor’s Obligations
On January 30, 2025, the First Department issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2025 NY Slip Op. 00481, holding that amended Continue reading Claims Do Not Relate Back When They Relate to Different Facts and Duties
On February 4, 2025, the First Department issued a decision in Lazar v. Mor, 2025 NY Slip Op. 00630, holding that amended claims related back to the original complaint even though they involved new causes of action . . . Continue reading Amended Claims Related Back to Original Complaint Even Though They Related to New Causes of Action
On February 6, 2025, the First Department issued a decision in Gurney-Goldman v. Sol Goldman Invs. LLC, 2025 NY Slip Op. 00722, holding that a limited liability company could not be held liable for the breach of its operating agreement . . . Continue reading LLC Not Liable for Breach of Its Operating Agreement
On February 11, 2025, the First Department issued a decision in ROAM Capital, Inc. v. Asia Alternatives Mgt. LLC, 2025 NY Slip Op. 00798, holding that documents withheld as privileged but not recorded on a privilege log must be produced . . . Continue reading Documents Withheld as Privileged But Not Recorded on Privilege Log Ordered Produced
On February 18, 2025, the First Department issued a decision in GMF 157 LP v. Inspirit Dev. & Constr., LLC, 2025 NY Slip Op. 00913, holding that a dismissal in favor of a prior pending action was proper even though the actions did not have identical causes of action . . . Continue reading Dismissal in Favor of Prior Pending Action Proper Even Though Actions Did Not Have Identical Causes of Action
On February 13, 2025, the First Department issued a decision in ECO Engg., Inc. v. Source Renewables, LLC, 2025 NY Slip Op. 00826, holding that a loan’s default interest rate was not usurious when it applied only after maturity . . . Continue reading Default Interest Rate Not Usurious When it Applied Only Maturity
On February 13, 2025, the First Department issued a decision in Certain Underwriters at Lloyd’s, London v. NL Indus., Inc., 2025 NY Slip Op. 00824, holding that a party’s submission of an affidavit by its general counsel did not put privileged communications at issue . . . Continue reading Party Did Not Put Privilege at Issue by Submitting Affidavit from its General Counsel
