Party Barred from Arguing on Summary Judgment that the Version of a Contract it had Used Throughout the Litigation Was Not the Correct One
Commercial Case Notes / Evidence / Summary Judgment

Party Barred from Arguing on Summary Judgment that the Version of a Contract it had Used Throughout the Litigation Was Not the Correct One

On September 9, 2022, Justice Chan of the New York County Commercial Division issued a decision in Victor RPM First, LLC v. Charles Condominiums, LLC, 2022 NY Slip Op. 33053(U), barring a party from arguing on summary judgment that the version of a contract it had used throughout the litigation was not the correct one . . . Continue reading Party Barred from Arguing on Summary Judgment that the Version of a Contract it had Used Throughout the Litigation Was Not the Correct One

Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served
Commercial Case Notes / Default Judgment / Law Firms and Professional Ethics

Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served

On September 14, 2022, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Simonsen, 2022 NY Slip Op. 05156, holding that a defendant whose lawyer had been suspended from practice could not be defaulted unless served with a notice to appoint new counsel had been served . . . Continue reading Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served

General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment
Commercial Case Notes / Default Judgment

General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment

On September 14, 2022, the Second Department issued a decision in Kamil El-Deiry & Assoc. CPA, PLLC v. Excellent Home Care Servs., LLC, 2022 NY Slip Op. 05157, holding that general assertions of law office failure were insufficient to justify vacating a default judgment . . . Continue reading General Assertions of Law Office Failure Insufficient to Justify Vacating Default Judgment

Guaranty That Guarantees Both Payment and Performance Not Instrument For Payment of Money Only for CPLR 3213 Purposes
Commercial Case Notes / Summary Judgment

Guaranty That Guarantees Both Payment and Performance Not Instrument For Payment of Money Only for CPLR 3213 Purposes

On September 6, 2022, Justice Chan of the New York County Commercial Division issued a decision in Feenix Venture Partners, LLC v. TBS, Inc., 2022 NY Slip Op. 32980(U), holding that a guaranty that guarantees both payment and performance is not an instrument for the payment of money only for CPLR 3213 purposes . . . Continue reading Guaranty That Guarantees Both Payment and Performance Not Instrument For Payment of Money Only for CPLR 3213 Purposes

Communicating with Arbitrator to Challenge Obligation to Arbitrate Did Not Waive Right to Seek a Stay of the Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes

Communicating with Arbitrator to Challenge Obligation to Arbitrate Did Not Waive Right to Seek a Stay of the Arbitration

On August 24, 2022, Justice Chan of the New York County Commercial Division issued a decision in Allyance Media Group, Inc. v. Acker Family 2016 Gift Trust, 2022 NY Slip Op. 32888(U), holding that correspondence with JAMS challenging its authority to arbitrate did not constitute a waiver of the right to stay the arbitration . . . Continue reading Communicating with Arbitrator to Challenge Obligation to Arbitrate Did Not Waive Right to Seek a Stay of the Arbitration

Party Has Standing to Move to Quash Third-Party Subpoena When it has a Proprietary Interest in the Records Sought
Commercial Case Notes / Discovery/Disclosure

Party Has Standing to Move to Quash Third-Party Subpoena When it has a Proprietary Interest in the Records Sought

On August 25, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ohi Asset (NY) 93rd St., LLC v. Consigli Constr. Co., Inc., 2022 NY Slip Op. 32908(U), holding that a party has standing to challenge a third-party subpoena when it has a proprietary interest in the records being sought . . . Continue reading Party Has Standing to Move to Quash Third-Party Subpoena When it has a Proprietary Interest in the Records Sought

Fraudulent Inducement Claims Upheld Because They Related to Misrepresentations of Present Fact Made Before a Contract Was Agreed To
Commercial Case Notes / Fraud/Misrepresentation

Fraudulent Inducement Claims Upheld Because They Related to Misrepresentations of Present Fact Made Before a Contract Was Agreed To

On August 25, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Vashovsky v. Zablocki, 2022 NY Slip Op. 32925(U), refusing to dismiss fraudulent inducement claims based on misrepresentations of present fact made before a contract was entered into . . . Continue reading Fraudulent Inducement Claims Upheld Because They Related to Misrepresentations of Present Fact Made Before a Contract Was Agreed To