Prevailing Party Entitled to Interest on Attorneys’ Fees From Date of Success

Prevailing Party Entitled to Interest on Attorneys’ Fees From Date of Success

On August 21, 2024, Justice Reed of the New York County Commercial Division issued a decision in Core Group Mktg. LLC v. MIP One Wall St. Acquisition LLC, 2024 NY Slip Op. 51093(U), holding that a prevailing party is entitled to interest on attorneys’ fees from the date on which the party was determined to be the prevailing party . . . Continue reading Prevailing Party Entitled to Interest on Attorneys’ Fees From Date of Success

Demand Futility Allegation Sufficiently Specific Based on Totality of Allegations

Demand Futility Allegation Sufficiently Specific Based on Totality of Allegations

On August 6, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Kordonsky v. Brudoley, 2024 NY Slip Op. 32768(U), holding that demand futility allegations in a derivative action were sufficiently specific based on the totality of the allegations . . . Continue reading Demand Futility Allegation Sufficiently Specific Based on Totality of Allegations

Yellowstone Injunction Denied Because of Tenant’s Inability to Show That it Could Cure Rent Payment Default

Yellowstone Injunction Denied Because of Tenant’s Inability to Show That it Could Cure Rent Payment Default

On July 10, 2024, Justice Masley of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. Elmwood NYT Owner, LLC, 2024 NY Slip Op. 32816(U), denying a Yellowstone injunction because of the tenant’s inability to show that it could cure a rent payment default . . . Continue reading Yellowstone Injunction Denied Because of Tenant’s Inability to Show That it Could Cure Rent Payment Default