Category: Damages

On May 22, 2025, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2025 NY Slip Op. 03153, holding that a defendant liable for failing to close a transaction was liable for pre-judgment interest only on the plaintiff’s loss, not the entire transaction price . . . Continue reading Defendant Liable for Failing to Close a Transaction Liable Only for Pre-Judgment Interest on the Plaintiff’s Loss, Not the Entire Transaction Price

On March 20, 2025, Justice Patel of the New York County Commercial Division issued a decision in Dominion Capital LLC v. HUB Cyber Sec. Ltd., 2025 NY Slip Op. 30968(U), holding that a prevailing plaintiff was not entitled to fees for defending a counterclaim . . . Continue reading Prevailing Plaintiff Not Entitled to Fees for Defending Counterclaim

On April 3, 2025, the First Department issued a decision in Bloom v. Helmsley Spear, LLC, 2025 NY Slip Op. 01999, holding that pre-judgment interest should be awarded from the first date the defendant owed the plaintiff money . . . Continue reading Pre-Judgment Interest Properly Awarded From First Date Defendant Owed Plaintiff Money

On March 13, 2025, the First Department issued a decision in Fora Fin., Advance, LLC v. 4 Pillar Consulting, LLC, 2025 NY Slip Op. 01422, enforcing a liquidated damages provision . . . Continue reading Liquidated Damages Provision Held Enforceable

On February 24, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Kingsbridge 2005, LLC v. Wells Fargo Bank, N.A., 2025 NY Slip Op. 30648(U), enforcing a provision limiting claims to a proceeding for declaratory judgment . . . Continue reading Provision Limiting Claims to Declaratory Judgment Enforceable

On March 5, 2025, the Second Department issued a decision in Lang v. Zlotnick, 2025 NY Slip Op. 01208, holding that prejudgment interest on a note was calculated from the date the note became due . . . Continue reading Prejudgment Interest on Note Assessed From Date Note Became Due

On December 10, 2024, Justice Bannon of the New York County Commercial Division issued a decision in TPCAF I, LLC v. Aboutaam, 2024 NY Slip Op. 34420(U), holding that a lender is not required to foreclose on collateral rather than sue for the amount due on the loan . . . Continue reading Lender is Not Required to Foreclose on Collateral Rather Than Sue for Amount Due on Loan

On December 17, 2024, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2024 NY Slip Op. 06318, holding that statutory interest must be based on the damages actually awarded . . . Continue reading Statutory Interest Must Be Based on Damages Actually Awarded