Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On May 18, 2023, the First Department issued a decision in Fraiture v. Board of Directors of 44 King St., Inc., 2023 NY Slip Op. 02741, holding that a party was not entitled to privileged documents under the fiduciary exception . . . Continue reading Party Not Entitled to Privileged Documents Under Fiduciary Exception
On April 17, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2023 NY Slip Op. 31261(U), holding that in-house counsel that has not appeared in an action cannot be the subject of a motion for disqualification . . . Continue reading In-House Counsel That Has Not Appeared in an Action Cannot be the Subject of a Motion for Disqualification
On April 17, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Goldman Sachs Bank USA v. Wagschal, 2023 NY Slip Op. 31263(U), holding that nail and mail service was inadequate because the process server failed to attempt service at the defendant’s business address . . . Continue reading Nail and Mail Service Inadequate for Lack of Attempt to Service at the Defendant’s Business Address
On May 2, 2023, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2023 NY Slip Op. 31505(U), holding that a plaintiff allegedly read a negligently drafted agreement does not bar a malpractice claim regarding the agreement . . . Continue reading That Plaintiff Read an Allegedly Negligently Drafted Agreement Does Not Bar a Legal Malpractice Claim
On May 4, 2023, Justice Boddie of the Kings County Commercial Division issued a decision in ONH 14 53rd ST, LLC v. TPG RE Fin. 2, Ltd., 2023 NY Slip Op.. 50421(U), holding that a promissory estoppel claim failed because the plaintiff’s actions were not unequivocally referable to the alleged promise . . . Continue reading Promissory Estoppel Claim Fails Because Plaintiff’s Actions Were Not Unequivocally Referable to the Alleged Promise
On May 10, 2023, the Second Department issued a decision in Star Auto Sales of Queens, LLC v. Filardo, 2023 NY Slip Op. 02552, holding that the remedy for overbroad discovery demands is vacating the demands, not trimming them . . . Continue reading Remedy for Overbroad Discovery Demands is Vacating the Demand, Not Trimming it
On May 10, 2023, the Second Department issued a decision in Y.B. Assoc. Group, LLC v. Rubin, 2023 NY Slip Op. 02558, holding that an LLC member was not liable for an LLC’s obligations under an agreement the member had signed on behalf of the LLC . . . Continue reading LLC Member not Liable for LLC’s Obligations Under Agreement Member Signed on Behalf of LLC
On May 9, 2023, the First Department issued a decision in Alvarez & Marshal Valuation Servs., LLC v. Solar Eclipse Inv. Fund III, LLC, 2023 NY Slip Op. 02449, holding that a forum selection clause choosing New York’s federal courts does not create jurisdiction in the New York state courts . . . Continue reading Forum Selection Clause Choosing New York Federal Courts Does Not Create Jurisdiction in New York State Courts
On May 9, 2023, the First Department issued a decision in Arena Invs., L.P. v. DCK Worldwide Holding Inc., 2023 NY Slip Op. 02476, holding that a party to a contract can still be liable for tortious interference with that contract if it had no contractual duties to the plaintiff . . . Continue reading Party to Contract Can Still be Liable for Tortious Interference if it Had No Duties to the Plaintiff
On May 9, 2023, the First Department issued a decision in PJSC Natl. Bank Trust v. Pirogova, 2023 NY Slip Op. 02469, holding tha a trial court did not abuse its discretion in deciding an issue of foreign law without expert evidence . . . Continue reading Court Did Not Abuse Discretion in Deciding Issue of Foreign Law Without Expert Evidence
