Service of a Notice of Entry Through NYSCEF on Trial Court’s Docket Starts the Time to Move in Response to an Appellate Division Order

Service of a Notice of Entry Through NYSCEF on Trial Court’s Docket Starts the Time to Move in Response to an Appellate Division Order

On November 25, 2024, the Court of Appeals issued a decision in Ruisech v. Structure Tone Inc., 2024 NY Slip Op. 05866, holding that service of a Notice of Entry through NYSCEF on the trial court’s docket starts the time to move in response to an Appellate Division order . . . Continue reading Service of a Notice of Entry Through NYSCEF on Trial Court’s Docket Starts the Time to Move in Response to an Appellate Division Order

Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator

Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator

On November 25, 2024, the Court of Appeals issued a decision in Wu v. Uber Tech., Inc., 2024 NY Slip Op 05869, holding that whether a click-wrap agreement subjecting a claim already being litigated to arbitration is unenforceable is a question for the arbitrator . . . Continue reading Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator

Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable

Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable

On November 26, 2024, the Court of Appeals issued a decision in Farage v. Associated Ins. Mgt. Corp., 2024 NY Slip Op. 05875, holding that a claim should be dismissed as untimely because the plaintiff failed adequately to allege that a contractual limitations period was unreasonable . . . Continue reading Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable

Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim

Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim

On November 19, 2024, the First Department issued a decision in Starr Indem. & Liab. Co. v. Monte Carlo, LLC, 2024 NY Slip Op. 05779, holding that a counterclaim for breach of the implied covenant of good faith and fair dealing was not duplicative of a breach of contract counterclaim because it sought different damages . . . Continue reading Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim