On September 29, 2022, the First Department issued a decision in Beckman Coulter, Inc. v. Jabil Circuit Inc., 2022 NY Slip Op. 05367, holding that conclusory allegations that financial statements were falsified are an insufficient basis for a fraud claim . . . Continue reading Conclusory Allegations of Misrepresentations Insufficient Basis for Fraud Claim
On September 29, 2022, the First Department issued a decision in Ramirez v. Moab Capital Partners, LLC, 2022 NY Slip Op. 05383, holding that an employee’s acceptance of a lesser bonus did not waive a claim for failure to pay the full bonus . . . Continue reading Employee’s Acceptance of a Lesser Bonus Did Not Waive Claim for Failure to Pay Full Bonus
On September 30, 2022, Judge Engelmayer of the SDNY in Ambac v. U.S. Bank, 17-cv-02614-PAE-KHP, issued a decision in an RMBS trustee action discussing, among other things, when claims against a trustee accrue. Continue reading SDNY Issues New RMBS Decision; Discusses When Claims Against Trustee Accrue
On September 27, 2022, the First Department issued a decision in BDO USA, LLP v. Franz, 2022 NY Slip Op. 05265, holding that interviews conducted as part of an internal investigation were not privileged or entitled to attorney work product protection . . . Continue reading Interviews Conducted as Part of Internal Investigation Not Privileged or Entitled to Work Product Protection
On September 15, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ja Kao v. Onyx Renewable Partners L.P., 2022 NY Slip Op. 33117(U), holding that an agreement to pay a party’s legal fees and costs was not an agreement to advance those fees and costs because there was no language showing an intention to advance rather than just indemnify . . . Continue reading Agreement to Pay Legal Fees and Costs not an Agreement to Advance Costs
On September 21, 2022, the Second Department issued a decision in Neurological Surgery, P.C. v. MLMIC Ins. Co., 2022 NY Slip Op. 05211, holding that except in providing a defense, an insurance company does not owe a fiduciary duty to its insureds . . . Continue reading Except in Providing a Defense, an Insurance Company Does Not Owe a Fiduciary Duty to its Insureds
On September 21, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Zakarin, 2022 NY Slip Op. 05229, holding that a loan servicer’s affidavit was insufficient grounds for summary judgment because it did not identify and attach the business records that formed the grounds for her statement that the defendant had failed to pay . . . Continue reading Loan Servicer Affidavit Failed to Establish Grounds for Summary Judgment of Foreclosure
On August 18, 2022, Justice Cohen of the New York County Commercial Division issued a decision in GS Capital Partners, LLC v. FTE Networks, Inc., 2022 NY Slip Op. 22286, holding that the Court of Appeals’ decision in Adar Bay regarding the application of New York’s usury laws applies retrospectively . . . Continue reading Adar Bays Usury Decision Applies Retrospectively
On September 7, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in Series PC of HCI-Cerberus PCNY Owner LP v. Diamond Resorts Intl. Mktg., Inc., 2022 NY Slip Op. 32998(U), dismissing a litany of defenses to contract performance based on the pandemic . . . Continue reading Court Dismisses Litany of Defenses to Contract Performance Based on the Pandemic
On September 7, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2022 NY Slip Op. 33000(U), holding that defendants waive the defense of improper service by failing to plead it with particularity . . . Continue reading Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity
