Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On July 15, 2024, Justice Patel of the New York County Commercial Division issued a decision in Country-Wide Ins. Co. v. Quick Docs Med. PLLC, 2024 NY Slip Op. 32499(U), vacating an arbitral award for prior court decision resolving the same dispute . . . Continue reading Arbitral Award Vacated for Conflicting With Prior Court Decision Relating to Dispute
On July 24, 2024, the Second Department issued a decision in Tzu Yen Cheung v. Dolar Shop Rest. Group, LLC, 2024 NY Slip Op. 03905, holding that an LLC does not (necessarily) owe a fiduciary duty to its members . . . Continue reading LLC Does Not (Necessarily) Owe a Fiduciary Duty to its Members
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in BG Atl., Inc. v. Hay Hill Invs. Ltd., 2024 NY Slip Op. 32438(U), holding rejecting a narrow interpretation of a forum selection clause . . . Continue reading Court Rejects Narrow Reading of Forum Selection Clause
On June 18, 2024, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2024 NY Slip Op. 50925(U), holding that a judgment creditor can collect from the recipient of a fraudulent transfer . . . Continue reading Judgment Creditor Can Collect from Recipient of Fraudulent Transfer
On July 5, 2024, Justice Masley of the New York County Commercial Division issued a decision in Multiplier Inc. v. Moreno, 2024 NY Slip Op 32290(U), dismissing an unjust enrichment claim because of the lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Close Relationship Between Plaintiff and Defendant
On July 8, 2024, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2024 NY Slip Op. 32315(U), holding that a motion to dismiss claims in an amended complaint that were in the original complaint violate the single motion rule . . . Continue reading Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule
On July 10, 2024, the Second Department issued a decision in Wells Fargo Bank, NA v. Stewart, 2024 NY Slip Op. 03777, holding that ongoing settlement negotiations do not excuse a failure to answer . . . Continue reading Ongoing Settlement Negotiations Do Not Excuse Failure to Answer
On June 29, 2024, Justice Patel of the New York County Commercial Division issued a decision in Mycklebust v. Consolidated Edison Co. of N.Y., Inc., 2024 NY Slip Op. 50837(U), holding that under the filed rate and primary jurisdiction doctrines, the court should defer to the Public Service Commission on the propriety of a Con-Edison charge . . . Continue reading Under Filed Rate and Primary Jurisdiction Doctrines, Court Defers to PSC on Propriety of Con-Ed Charge
On June 26, 2024, Justice Masley of the New York County Commercial Division issued a decision in AT&T Mobility Holdings B.V. v. Grupo Salinas Telecom, S.A. DE C.V., 2024 NY Slip Op. 32169(U), appointing a receiver to collect assets of a foreign subsidiary of a judgment debtor . . . Continue reading Court Appoints Receiver to Collect Assets from Foreign Subsidiary of Judgment Debtor
On June 18, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Mind Ctrs. II, LLC v. Barr, 2024 NY Slip Op. 32111(U), upholding a recission claim because of alleged fraudulent inducement . . . Continue reading Rescission Claim Upheld Because of Fraudulent Inducement
