Need for Proof of Failure to Pay No Bar to Motion for Summary Judgment in Lieu of Complaint

Need for Proof of Failure to Pay No Bar to Motion for Summary Judgment in Lieu of Complaint

On March 28, 2025, Justice Patel of the New York County Commercial Division issued a decision in ACM Zoomcar Convert LLC v. Zoomcar Holdings Inc., 2025 NY Slip Op. 31374(U), holding that the need for proof of the failure to pay does not bar a motion for summary judgment in lieu of complaint . . . Continue reading Need for Proof of Failure to Pay No Bar to Motion for Summary Judgment in Lieu of Complaint

Unconscionability Defense Fails for Lack of Allegations of Unequal Bargaining Power

Unconscionability Defense Fails for Lack of Allegations of Unequal Bargaining Power

On April 28, 2025, Justice Chimes of the Erie County Commercial Division issued a decision in Kalamata Capital Group, LLC v. Colorado Trailers, Inc., 2025 NY Slip Op. 31502(U), holding that an unconscionability defense failed for lack of allegations of unequal bargaining power . . . Continue reading Unconscionability Defense Fails for Lack of Allegations of Unequal Bargaining Power