Agreement Does Not Result in Forfeiture Because Agreement Did Not Clearly Provide for It
Commercial Case Notes / Contracts / Corporations

Agreement Does Not Result in Forfeiture Because Agreement Did Not Clearly Provide for It

On May 29, 2025, the First Department issued a decision in Martin v. William & Cindy Abrams Family Trust, 2025 NY Slip Op. 03253, holding that an agreement did not provide for the forfeiture of an ownership interest in a corporation because it did not clearly provide for it . . . Continue reading Agreement Does Not Result in Forfeiture Because Agreement Did Not Clearly Provide for It

Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership
Commercial Case Notes / Fiduciaries / Partnerships

Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership

On May 29, 2025, the First Department issued a decision in Kiehl v. Cavicchio, 2025 NY Slip Op. 03252, holding that claims arising from an alleged joint venture failed for lack of adequate allegation of the existence of the joint venture/partnership . . . Continue reading Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership

That a Deed Was Not Recorded Still Left Questions of Fact Regarding Plaintiff’s Standing to Bring a Partition Action
Commercial Case Notes / Real Property

That a Deed Was Not Recorded Still Left Questions of Fact Regarding Plaintiff’s Standing to Bring a Partition Action

Decided on May 14, 2025, the Second Department issued a decision in Newburgh Realty II, LLC v. IPA Asset Mgt., LLC, 2025 NY Slip Op. 02926, holding that the fact that a deed was not recorded still left questions of fact regarding a plaintiff’s standing to bring a partition action . . . Continue reading That a Deed Was Not Recorded Still Left Questions of Fact Regarding Plaintiff’s Standing to Bring a Partition Action

Attorney Fee Application Denied For Insufficient Justification of Work Done
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Attorney Fee Application Denied For Insufficient Justification of Work Done

On May 15, 2025, Justice Cohen of the New York County Commercial Division issued a decision in CLNC 2019-FL1 Funding, LLC v. Bennett, 2025 NY Slip Op. 31793(U), denying an attorneys’ fees request for failure adequately to describe and justify the work done . . . Continue reading Attorney Fee Application Denied For Insufficient Justification of Work Done

Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim
Commercial Case Notes / Declaratory Judgment

Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim

On May 13, 2025, Justice Bannon of the New York County Commercial Division issued a decision in United States Tech. Communication Corp. v. Altice USA, Inc., 2025 NY Slip Op. 31803(U), dismissing a claim for a declaratory judgment as duplicative of a breach of contract claim . . . Continue reading Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim

Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts
Commercial Case Notes / Default Judgment

Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts

On May 21, 2025, the Second Department issued a decision in CitiMortgage, Inc. v. Ramlal, 2025 NY Slip Op. 03037, holding that a motion to vacate a default judgment based on law office failure must be supported by detailed and credible facts . . . Continue reading Motion to Vacate Default Based on Law Office Failure Must Be Based on Detailed and Credible Facts