On September 6, 2024, Justice Crane of the New York County Commercial Division issued a decision in Oxford Fin. LLC v. Makesh, 2024 NY Slip Op. 33150(U), CPLR 3213 provides Continue reading Guaranty’s Reference to Other Agreements Does Not Preclude Award of Summary Judgment in Lieu of Complaint
On September 5, 2024, Justice Crane of the New York County Commercial Division issued a decision in EXRP 14 Holdings LLC v. LS-14 Ave LLC, 2024 NY Slip Op. 33155(U), reducing a fee award because of counsel’s use of block billing . . . Continue reading Court Reduces Fee Award Because of Block Billing
On September 6, 2024, Justice Bannon of the New York County Commercial Division issued a decision in New Cingular Wireless PCS, LLC v. Grand Greene LLC, 2024 NY Slip Op. 33171(U), holding that a demand to cure sent to the wrong address was ineffective . . . Continue reading Demand to Cure Sent of Wrong Address Ineffective
On September 11, 2024, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. E39 St., LLC, 2024 NY Slip Op. 04417, holding that a lender was not entitled to summary judgment in a foreclosure action because its affiant lacked personal knowledge of the borrower’s default . . . Continue reading Summary Judgment for Foreclosure Denied Because Supporting Affiant Lacked Personal Knowledge of Non-Payment
On August 28, 2024, Justice Chan of the New York County Commercial Division issued a decision in Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2024 NY Slip Op. 33042(U), holding that a claim based on the implied covenant of good faith and fair dealing failed for lack of an enforceable contract . . . Continue reading Good Faith and Fair Dealing Claim Fails for Lack of Enforceable Contract
On August 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Seitz v. Marcum LLP, 2024 NY Slip Op. 51141(U), dismissing a claim under the in pari delicto doctrine . . . Continue reading Claim Dismissed Under In Pari Delicto Doctrine
On September 5, 2024, the First Department issued a decision in Ria R Squared, Inc. v. DW Partners, LP, 2024 NY Slip Op. 04363, upholding a claim for the breach of the covenant of good faith and fair dealing based on an SPV’s failure to remain sufficiently capitalized to repay a loan . . . Continue reading Court Upholds Implied Covenant Claim Based on SPV’s Failure to Remain Sufficiently Capitalized to Pay Loan
On August 23, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Altium Growth Fund, L.P. v. Tingo Group, Inc., 2024 NY Slip Op. 32993(U), refusing to allow counsel withdraw from a representation despite unpaid fees because of the disruption it would cause . . . Continue reading Court Refuses to Allow Counsel to Withdraw Despite Unpaid Bills
On August 28, 2024, the Second Department issued a decision in Lewis v. Bartow, 2024 NY Slip Op. 04310, affirming the dismissal of a discovery motion for failure to submit an affidavit establishing the movant’s good faith efforts to resolve the dispute . . . Continue reading Discovery Motion Denied For Failure to Submit Affidavit Establishing Good Faith Efforts to Resolve Dispute
On August 29, 2024, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer, 2024 NY Slip Op. 04349, upholding a non-solicitation provision . . . Continue reading Non-Solicitation Provision Upheld by First Department
