On May 22, 2024, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Welsh, 2024 NY Slip Op. 02838, holding that absent substitution, a successor in interest can only participate in an action under the name of its predecessor’s name . . . Continue reading Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name
On May 16, 2024, the First Department issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2024 NY Slip Op. 02752, holding that judicial estoppel barred a plaintiff from changing its argument regarding choice of law after it earlier had prevailed on that argument . . . Continue reading Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument
On May 2, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Denver Wewatta (CO) LLC v. Amtrust Title Ins. Co., 2024 NY Slip Op. 31584(U), denying a motion to seal for lack of supporting evidence . . . Continue reading Sealing Motion Barred for Lack of Supporting Evidence
On April 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Jun Gao v. Coconut Beach/Haw., LLC, 2024 NY Slip Op. 50504(U), holding that an affidavit sworn to in China was invalid without a certificate of conformity . . . Continue reading Affidavit Sworn in China Invalid Without Certificate of Conformity
On May 2, 2024, the First Department issued a decision in RDF Agent, LLC v. Electric Red Ventures, LLC, 2024 NY Slip Op. 02384, holding that a court did not err in refusing to dismiss a lawsuit in New York in favor of a first filed Texas action . . . Continue reading Court Did Not Err in Refusing to Dismiss New York Action in Favor of First Filed Texas Action
On April 10, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Ben-Hamo, 2024 NY Slip Op. 31478(U), sealing a complaint to prevent allegations of fraud and criminal conduct from becoming public . . . Continue reading Court Seals Complaint to Prevent Allegations of Fraud and Criminal Conduct From Becoming Public
On April 18, 2024, the First Department issued a decision in 3B Assoc. LLC v. Ecommission Solutions, LLC, 2024 NY Slip Op. 02086, holding that a contract action should not have been consolidated with a later-filed tort action . . . Continue reading Contract Action Should Not Have Been Consolidated With Later-Filed Tort Action
On March 28, 2024, Justice Chan of the New York County Commercial Division issued a decision in Safra v. SNBNY Holdings Ltd., 2024 NY Slip Op. 31061(U), dismissing an action because the court lacked personal jurisdiction over a necessary party . . . Continue reading Court Dismisses Action Because of Lack of Jurisdiction over a Necessary Party
On April 4, 2024, the First Department issued a decision in Kenney v. Essex Mgt. Co., 2024 NY Slip Op. 01871, holding that the parties to a lawsuit waived further discovery by failing to complete discovery by the Note of Issue date . . . Continue reading Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date
On March 20, 2024, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc., LLC, 2024 NY Slip Op. 01570, holding that a defendant had failed to meet the high burden necessary to vacate a stipulation of settlement . . . Continue reading Defendant Fails to Meet High Burden to Vacate Stipulation of Settlement
