On February 28, 2024, the Second Department issued a decision in Christiana Trust v. Victor, 2024 NY Slip Op. 00994, holding that the service of an answer waived a defendant’s entitlement to dismissal for failure to prosecute . . . Continue reading Service of Answer Waived Entitlement to Dismissal for Failure to Prosecute
On February 28, 2024, the Second Department issued a decision in Contract Pharmacal Corp. v. Air Indus. Group, 2024 NY Slip Op. 00995, holding that a plaintiff cannot sue for both contract damages and anticipatory breach . . . Continue reading Plaintiff Cannot Sue for Both Contract Damages and Anticipatory Breach
On February 28, 2024, the Second Department issued a decision in Keller-Wala v. Coello, 2024 NY Slip Op. 01004, holding that an agreement was not a binding contract because of a lack of consideration . . . Continue reading Agreement Not a Binding Contact Because of Lack of Consideration
On February 29, 2024, the First Department issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2024 NY Slip Op. 01112, analyzing conspiracy jurisdiction . . . Continue reading Decision Analyzes Conspiracy Jurisdiction
On February 27, 2024, the First Department issued a decision in NGM Mgt. Group, LLC v. Bareburger Group, LLC, 2024 NY Slip Op. 00979, enforcing a liquidated damages clause . . . Continue reading Court Enforces Liquidated Damages Clause
On February 27, 2024, the First Department issued a decision in Shaoul v. Komolov, 2024 NY Slip Op. 00989, holding that a party in privity with the parties in a prior action was barred by res judicata from relitigating issues decided in that action . . . Continue reading Party in Privity With Parties in Prior Action Barred from Relitigating Issues
On February 27, 2024, the First Department issued a decision in SSC NY Corp. v. Computershare Inc., 2024 NY Slip Op. 00991, holding that a DCL 276 fraudulent conveyance claim failed for insufficient allegations of fraud . . . Continue reading DCL 276 Fraudulent Conveyance Claim Fails for Insufficient Allegations of Fraud
On February 15, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zomongo.TV USA Inc. v. Capital Advance Servs., LLC, 2024 NY Slip Op. 30508(U), refusing to disqualify counsel because of insufficient similarity of past and current engagements . . . Continue reading Court Refuses to Disqualify Counsel Because of Insufficient Similarity of Past and Current Engagements
On February 20, 2024, Justice Whelan of the Suffolk County Commercial Division issued a decision in GEM Funding, LLC v. Z-Rite Plumbing & Heating Corp., 2024 NY Slip Op. 50171(U), holding that the usury laws do not apply to merchant cash advance agreements . . . Continue reading Usury Laws Do Not Apply to Merchant Cash Advance
On February 22, 2024, the Third Department issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2024 NY Slip Op. 00955, holding that a trial court erred in not explaining the basis for the amount of an undertaking imposed in connection with an injunction . . . Continue reading Trial Court Erred in Not Explaining Basis for Amount of Undertaking
