Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On May 6, 2025, the First Department issued a decision in Burden v. Pamplona Capital Mgt. LLP, 2025 NY Slip Op. 02716, holding that fraud damages cannot include lost profits . . . Continue reading Fraud Damages Cannot Include Lost Profits
On April 11, 2025, Justice Masley of the New York County Commercial Division issued a decision in Beach v. Touradji Capital Mgt., LP, 2025 NY Slip Op. 31321(U), denying a motion for directed verdict because questions of fact remained unresolved . . . Continue reading Court Denies Motion for Directed Verdict Because of Unresolved Questions of Fact
On April 16, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Fitterer v. Carone, 2025 NY Slip Op. 31347(U), holding that only the manager of a member-managed LLC owes fiduciary duties to the other members . . . Continue reading Only the Manager of a Member-Managed LLC Owes Fiduciary Duties
On April 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Homapour v. 3M Props., LLC, 2025 NY Slip Op. 31354(U), holding that experts may rely on the work of associates they supervise . . . Continue reading Experts May Rely on Work of Associates They Supervise
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
On April 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v Desktop Metal, Inc., 2025 NY Slip Op 31402(U), holding that the anticipatory repudiation doctrine only applies in in limited circumstances . . . Continue reading Anticipatory Repudiation Doctrine Only Applies in Limited Circumstances
On April 21, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Sleepyheadsyo, LLC v. Ilias Inc., 2025 NY Slip Op. 50600(U), holding that a plaintiff may alleged contract and quasi-contract claims in the alternative . . . Continue reading Plaintiff May Allege Contract and Quasi-Contract Claims in the Alternative
On April 25, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Landau v. DGital Media, LLC, 2025 NY Slip Op. 31476(U), holding that defamation claims were barred by the litigation privilege . . . Continue reading Defamation Claims Barred by Litigation Privilege
On April 25, 2025, Justice Chan of the New York County Commercial Division issued a decision in Colle Capital Partners I, L.P. v. Automaton, Inc., 2025 NY Slip Op. 31479(U), denying a preliminary injunction because of an imbalance in the equities . . . Continue reading Injunction Denied Because of Imbalance of Equities
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
