Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision
Arbitration, Mediation and Other ADR / Commercial Case Notes

Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision

On December 4, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Selim 730 LLC v. SHVO 730 LLC, 2024 NY Slip Op. 34292(U), holding that fraudulent inducement allegations were insufficient to overcome an agreement’s arbitration clause then the alleged fraud di not relate to the arbitration provision . . . Continue reading Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision

That Corporate Landlord was in Real Estate Business did not Mean That BCL 909 did not Govern Sale of Substantially All its Property
Business Divorce / Commercial Case Notes / Corporations

That Corporate Landlord was in Real Estate Business did not Mean That BCL 909 did not Govern Sale of Substantially All its Property

On December 10, 2024, the First Department issued a decision in Haruvi v. Hungerford, 2024 NY Slip Op. 06154, holding that fact that corporate landlord was in real estate business did not mean that BCL 909 did not govern the sale of substantially all of its real estate assets . . . Continue reading That Corporate Landlord was in Real Estate Business did not Mean That BCL 909 did not Govern Sale of Substantially All its Property

Party Whose Property Interest is Recorded After Notice of Pendency is Filed has Constructive Notice of, and is Bound by, Subsequent Proceedings
Commercial Case Notes / Real Property

Party Whose Property Interest is Recorded After Notice of Pendency is Filed has Constructive Notice of, and is Bound by, Subsequent Proceedings

On December 4, 2024, the Second Department issued a decision in Bank of Am., N.A. v. Burton, 2024 NY Slip Op. 06022, holding that a party whose ownership of property is recorded after a notice of pendency is filed has constructive notice of and is bound by subsequent proceedings . . . Continue reading Party Whose Property Interest is Recorded After Notice of Pendency is Filed has Constructive Notice of, and is Bound by, Subsequent Proceedings

Whether Closing Date Set in “Time is of the Essence” Letter Reasonable is a Question of Fact
Commercial Case Notes / Contracts / Real Property

Whether Closing Date Set in “Time is of the Essence” Letter Reasonable is a Question of Fact

On December 4, 2024, the Second Department issued a decision in Fink v. 218 Hamilton, LLC, 2024 NY Slip Op. 06026, holding that whether a closing date set in a “time is of the essence” letter was reasonable was a question of fact . . . Continue reading Whether Closing Date Set in “Time is of the Essence” Letter Reasonable is a Question of Fact

Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims
Commercial Case Notes / Discovery/Disclosure / Sanctions

Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims

On December 4, 2024, the Second Department issued a decision in Patsiouras v. Koklanos, 2024 NY Slip Op. 06053, holding that failure to comply with a conditional discovery order justified striking a defendant’s answer and counterclaims . . . Continue reading Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims

Factual Affidavit Supporting Motion to Vacate Default Unnecessary When Meritorious Defense is Clear on the Face of Documentary Evidence
Commercial Case Notes / Default Judgment

Factual Affidavit Supporting Motion to Vacate Default Unnecessary When Meritorious Defense is Clear on the Face of Documentary Evidence

On December 3, 2024, the First Department issued a decision in Kanner v. Westchester Med. Group, P.L.L.C., 2024 NY Slip Op. 06009, holding that a factual affidavit supporting a motion to vacate a default judgment was unnecessary when a meritorious defense was clear on the face of documentary evidence submitted in support of the motion . . . Continue reading Factual Affidavit Supporting Motion to Vacate Default Unnecessary When Meritorious Defense is Clear on the Face of Documentary Evidence