Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On January 25, 2023, Justice Reed of the New York County Commercial Division issued a decision in 259 E Broadway LLC v. 259 E. Broadway Assoc., LLC, 2023 NY Slip Op 50061(U), holding that an improperly-served notice of termination of a lease was ineffective . . . Continue reading Improperly-Served Notice of Lease Termination Ineffective
On January 24, 2023, the First Department issued a decision in Cullity v. Posner, 2023 NY Slip Op. 00263, holding that the parties were bound by an oral contract . . . Continue reading Parties Bound by Oral Contract
On January 26, 2023, the First Department issued a decision in Needham & Co., LLC v. UPHealth Holdings, Inc., 2023 NY Slip Op. 00376, holding that an agreement did not include the duty to indemnify the plaintiff’s attorneys’ fees because that duty was not set forth in unmistakably clear language . . . Continue reading No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard
On January 26, 2023, the First Department issued a decision in Claim Recovery Group LLC v. Markel Corp., 2023 NY Slip Op. 00371, holding that a term sheet was a binding agreement . . . Continue reading Term Sheet Binding Agreement
On January 4, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Fink v. 218 Hamilton LLC, 2023 NY Slip Op. 30092(U), holding that a time of the essence letter set the deadline to close a purchase transaction . . . Continue reading Time of the Essence Letter Set Deadline to Close Purchase Transaction
On January 17, 2023, Justice Crane of the New York County Commercial Division issued a decision in Matter of Elkay Plastics Co., Inc. v. Astzen Group LLC, 2023 NY Slip Op. 30162(U), holding that an arbitrator had the authority to award attorneys’ fees as a discovery sanction . . . Continue reading Arbitrator Could Award Attorneys’ Fees as a Discovery Sanction
On January 10, 2023, Justice Crane of the New York County Commercial Division issued a decision in ERA Capital L.P. v. Soleil Chartered Bank, 2023 NY Slip Op. 30121(U), holding that a bank did not have a fiduciary duty to its customer . . . Continue reading Bank Did Not Have Fiduciary Duty to Customer
On January 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2023 NY Slip Op. 30145(U), holding that claims for civil conspiracy and aiding and abetting were not duplicative . . . Continue reading Claims for Conspiracy and Aiding and Abetting are not Duplicative
On January 5, 2023, Justice Reed of the New York County Commercial Division issued a decision in Magnetic Parts Trading Ltd. v. National Air Cargo Group, Inc., 2023 NY Slip Op. 30166(U), holding that delay without prejudice is an insufficient basis for denying a motion to amend . . . Continue reading Delay Without Prejudice is Insufficient Basis for Denying a Motion to Amend
On January 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2023 NY Slip Op. 30167(U), holding that when an issue on a motion to dismiss was one of law, the court could convert the motion to on for summary judgment without notice . . . Continue reading When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice
