Category: Damages

On August 29, 2022, Justice Odorisi of the Seventh Judicial District Commercial Division issued a decision in Spin Capital v. Texas Med. Ctr. Supply, LLC, 2022 NY Slip Op. 32914(U), declining to award without further justification a victorious plaintiff attorneys’ fees when those fees were based on a contingency fee arrangement . . . Continue reading Court Declines to Base Attorneys’ Fee Award on Plaintiff’s Contingent Fee Arrangement

On July 27, 2022, Justice Crane of the New York County Commercial Division issued a decision in UBS Sec. LLC v. Highland Capital Mgt., L.P., 2022 NY Slip Op. 32573(U), refusing to award punitive damages because the defendant’s conduct was not directed at the public . . . Continue reading Punitive Damages Claim Fails Because Conduct Was Not Directed at the Public

On July 26, 2022, the First Department issued a decision in Seymour v. Hovnanian, 2022 NY Slip Op. 04705, upholding an award of liquidated damages . . . Continue reading Court Upholds Liquidated Damages Award

On June 16, 2022, Justice Borrok of the New York County Commercial Division issued a decision in L’Oreal USA, Inc. v’ Wormser Corp., 2022 NY Slip Op. 31931(U), dismissing a claim for lost profits damages under New Jersey law relating to a new business . . . Continue reading Lost Profits Claim Relating to New Business Dismissed

On June 22, 2022, the Second Department issued a decision in Atalaya Asset Income Fund II, L.P. v. 219 Sagg Main, LLC, 2022 NY Slip Op. 04000, holding that an award of interest in an equitable action is at the court’s discretion . . . Continue reading Award of Interest on Equitable Claim is in the Court’s Discretion

On March 2, 2022, Justice Masley of the New York County Commercial Division issued a decision in BNP Paribas, Singapore Branch v. Natixis, N.Y. Branch, 2022 NY Slip Op 30679(U), awarding pre-judgment interest at the contract rate, not the statutory rate . . . Continue reading Court Awards Pre-Judgment Interest at Contract Rate, not Statutory Rate