On October 4, 2025, Justice Masley of the New York County Commercial Division issued a decision in Comcast Cable Communications Mgt., LLC v. Entropic Communications, LLC, 2025 NY Slip Op. 33776(U), holding that a plaintiff could seek legal fees as damages because they arose in an earlier action . . . Continue reading Plaintiff May Seek Legal Fees as Damages When They Arise in an Earlier Litigation
On July 25, 2025, Justice Masley of the New York County Commercial Division issued a decision in BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 NY Slip Op. 32881(U), holding that a plaintiff was not entitled to consequential damages of lost rent and revenue for breach of a construction contract . . . Continue reading Plaintiff Not Entitled to Lost Rent and Revenue for Breach of Construction Contract
On June 13, 2025, Justice Patel of the New York County Commercial Division issued a decision in APMSF Inv. LLC v. PM Mezz Buyer LLC, 2025 NY Slip Op. 32117(U), enforcing a liquidated damages clause . . . Continue reading Court Enforces Liquidated Damages Provision
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 May 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Gehl Foods, LLC v. Worldwide Sport Nutritional Supplements, Inc., 2025 NY Slip Op. 31602(U), holding that a party is a prevailing party for purposes of an attorneys’ fees award when it obtained the central relief it sought . . . Continue reading Party is Prevailing Party When it Obtains Central Relief Sought
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 28, 2025, Justice Masley of the New York County Commercial Division issued a decision in Martha Stewart Living Omnimedia, LP v. Snow Joe LLC, 2025 NY Slip Op. 30683(U), holding that nominal damages are sufficient to meet that damages element of a breach of contract claim . . . Continue reading Nominal Damages Sufficient to Meet Damages Element of Breach of Contract Claim
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
