On September 12, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Sojka v. Eisenman, 2024 NY Slip Op. 33212(U), quashing a subpoena because it was intended to determine if evidence existed rather than to obtain evidence . . . Continue reading Subpoena May Not Be Used to Determine if Evidence Exists
On September 16, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SLG 810 Seventh Lessee LLC v. Tydel Holding Corp., 2024 NY Slip Op, 33238(U), holding that the scope of an arbitrator’s power is determined by the agreement to arbitrate, not the initial statement of claim . . . Continue reading Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim
On September 12, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2024 NY Slip Op. 51265(U), holding that evidence disclosed in settlement discussions is not thereby shielded from disclosure in discovery . . . Continue reading Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery
On September 18, 2024, the Second Department issued a decision in Citimortgage, Inc. v. Goldstein, 2024 NY Slip Op. 04453, holding that to be estopped from challenging service, a defendant must actively avoid it, not just fail to facilitate it . . . Continue reading To be Estopped from Challenging Service, Defendant Must Actively Avoid it, Not Just Fail to Facilitate it
On September 18, 2024, the Second Department issued a decision in Crystal v. American Tr. Ins. Co., 2024 NY Slip Op. 04456, holding that a trial court may not grant renewal unless the movant justifies its failure earlier to present facts . . . Continue reading Trial Court May Not Grant Renewal Without Justification for Failure to Present Facts
On September 18, 2024, the Second Department issued a decision in Schwartz v. Fallah, 2024 NY Slip Op. 04474, holding that the Statute of Frauds barred a claim based on an alleged guaranty when the guaranty was not signed by the defendant . . . Continue reading Statute of Frauds Bars Claim Based on Alleged Guaranty When the Guaranty Was Not Signed by the Defendant
On September 3, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Amelia Mar. Group Ltd. v. Integr8 Fuels Am. LLC, 2024 NY Slip Op. 33075(U), holding that registration to do business in New York does not automatically submit a defendant to personal jurisdiction in New York . . . Continue reading Registration to Do Business in New York Does Not Automatically Submit Defendant to Personal Jurisdiction Here
On September 3, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Putney Inv. Group Ltd. V. New Hampshire Ins. Co., 2024 NY Slip Op 33083(U), holding that a corporation cannot avoid being bound by a contract because it did not use its full, proper corporate name . . . Continue reading Corporation Cannot Avoid Being Bound by Contract Because it Lacked its Full, Proper Corporate Name
On September 4, 2024, Justice Chan of the New York County Commercial Division issued a decision in BT Supplies W., Inc. v. Brookline, LLC, 2024 NY Slip Op 33101(U), holding that a plaintiff cannot use a tortious interference claim to avoid the one-year statute of limitations for defamation . . . Continue reading Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations
On September 6, 2024, Justice Chan of the New York County Commercial Division issued a decision in FTF Lending, LLC v. Mavrides, Moyal, Packman & Sadkin, LLP, 2024 NY Slip Op 33115(U), holding that despite counsel’s negligence, a client was not entitled to summary judgment on its legal malpractice claim because of questions of fact regarding whether it was the client’s negligence that was the proximate cause of its loss . . . Continue reading Question of Fact on Whether it Was Client’s Negligence or Counsel’s That Caused Client’s Loss Precluded Summary Judgment
