Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On November 26, 2024, the First Department issued a decision in Xiaoyan Lu v. Sagewood SFF III LLC, 2024 NY Slip Op. 05895, holding that a plaintiff was entitled to judgment based on tax estoppel . . . Continue reading Plaintiff Entitled to Judgment Based on Tax Estoppel
On November 25, 2024, the Court of Appeals issued a decision in Knight v. New York & Presbyt. Hosp., 2024 NY Slip Op. 05870, holding that the authenticity of a contract may be established by circumstantial evidence . . . Continue reading Authenticity of Contract May be Established by Circumstantial Evidence
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
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
On November 26, 2024, the Court of Appeals issued a decision in Farage v. Associated Ins. Mgt. Corp., 2024 NY Slip Op. 05875, holding that a claim should be dismissed as untimely because the plaintiff failed adequately to allege that a contractual limitations period was unreasonable . . . Continue reading Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable
On November 14, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Joseph, 2024 NY Slip Op. 34030(U), holding that a fraud claim cannot be based on the failure to keep promises of future performance . . . Continue reading Fraud Claim Cannot be Based on Failure to Keep Promises of Future Performance
On October 10, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Blue Lagoon LLC v. Roth, 2024 NY Slip Op. 34051(U), holding that a motion for summary judgment in lieu of complaint must be accompanied by a summons . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Must be Accompanied by Summons
On November 19, 2024, the First Department issued a decision in Starr Indem. & Liab. Co. v. Monte Carlo, LLC, 2024 NY Slip Op. 05779, holding that a counterclaim for breach of the implied covenant of good faith and fair dealing was not duplicative of a breach of contract counterclaim because it sought different damages . . . Continue reading Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim
On November 19, 2024, the First Department issued a decision in Ray v. Ray, 2024 NY Slip Op. 05777, upholding sanctions against a plaintiff for bringing frivolous lawsuits . . . Continue reading Plaintiff Sanctioned for Bringing Frivolous Lawsuits
On November 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Iken v. Bohemian Brethren Presbyt. Church, 2024 NY Slip Op. 33951(U), holding that a party that failed timely to asset a jury trial waiver lost the right to assert it . . . Continue reading Jury Trial Waiver Right Lost by Failing Timely to Assert it
