Factual Affidavit Supporting Motion to Vacate Default Unnecessary When Meritorious Defense is Clear on the Face of Documentary Evidence
Commercial Case Notes / Default Judgment

Factual Affidavit Supporting Motion to Vacate Default Unnecessary When Meritorious Defense is Clear on the Face of Documentary Evidence

On December 3, 2024, the First Department issued a decision in Kanner v. Westchester Med. Group, P.L.L.C., 2024 NY Slip Op. 06009, holding that a factual affidavit supporting a motion to vacate a default judgment was unnecessary when a meritorious defense was clear on the face of documentary evidence submitted in support of the motion . . . Continue reading Factual Affidavit Supporting Motion to Vacate Default Unnecessary When Meritorious Defense is Clear on the Face of Documentary Evidence

Existing Contract, Without More, Insufficient Basis for Alleging Prospective Business Relationship
Commercial Case Notes / Tortious Interference

Existing Contract, Without More, Insufficient Basis for Alleging Prospective Business Relationship

On December 5, 2024, the First Department issued a decision in Valkyrie AI LLC v. PriceWaterhouseCoopers LLP, 2024 NY Slip Op. 06141, holding that an existing contract, without more, was an insufficient basis for alleging a prospective business relationship . . . Continue reading Existing Contract, Without More, Insufficient Basis for Alleging Prospective Business Relationship

Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312
Commercial Case Notes / Corporations / Court Rules and Procedures / Standing

Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312

On November 25, 2024, Justice Patel of the New York County Commercial Division issued a decision in OCFBrook Holdings, LLC v. TKS Brooklyn Ctr. Holding, LLC, 2024 NY Slip Op. 51611(U), holding that bringing a lawsuit in New York is not doing business here for purposes of LLC Law 802 and 808 or BCL 1312 . . . Continue reading Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312

Motion for Summary Judgment in Lieu of Complaint Cannot be Based on Conditional Agreement to Pay
Commercial Case Notes / Summary Judgment

Motion for Summary Judgment in Lieu of Complaint Cannot be Based on Conditional Agreement to Pay

On November 26, 2024, the First Department issued a decision in P1 Fin. v. Evergreen Bldrs. & Constr. Servs., Inc., 2024 NY Slip Op. 05897, holding that a motion for summary judgment in lieu of complaint cannot be based on a conditional agreement to pay . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Cannot be Based on Conditional Agreement to Pay

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
Appeals / Commercial Case Notes

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
Arbitration, Mediation and Other ADR / Commercial Case Notes

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