On November 8, 2023, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Carrington, 2023 NY Slip Op. 05632, holding that a supporting affidavit describing business records Continue reading Affidavit Describing Business Records is Insufficient to Prove the Existence of Those Records
On October 31, 2023, the First Department issued a decision in Children’s Magical Garden, Inc. v. Marom, 2023 NY Slip Op. 05464, holding that a jury instruction that required, rather than allowed, jury to make an adverse inference was improper . . . Continue reading Instructions That Required Jury to Make Adverse Inference Improper
On October 12, 2023, the First Department issued a decision in Advanced Alternative Media, Inc. v. Hindlin, 2023 NY Slip Op. 05181, holding that an attorney affirmation can be used to submit a contract in support of a summary judgment motion . . . Continue reading Attorney Affirmation Can Be Used to Submit Contract on Summary Judgment
On September 29, 2023, Justice Masley of the New York County Commercial Division issued a decision in Beach v. Touradji Capital Mgt., LP, 2023 NY Slip Op. 33360(U), denying a motion to redact documents showing a party’s business dealings with the Trump family . . . Continue reading Court Refuses Request to Redact Documents Showing a Party’s Business Dealings With the Trump Family
On May 9, 2023, the First Department issued a decision in PJSC Natl. Bank Trust v. Pirogova, 2023 NY Slip Op. 02469, holding that a trial court did not abuse its discretion in deciding an issue of foreign law without expert evidence . . . Continue reading Court Did Not Abuse Discretion in Deciding Issue of Foreign Law Without Expert Evidence
On January 24, 2023, Justice Chan of the New York County Commercial Division issued a decision in 35 W. Realty Co., LLC v. Booston LLC, 2023 NY Slip Op. 30255(U), holding that the deadman’s statute did not bar testimony that was not offered against a decedent’s estate . . . Continue reading Dead Man’s Statute Does Not Bar Testimony That was not Offered Against a Decedent’s Estate
On September 9, 2022, Justice Chan of the New York County Commercial Division issued a decision in Victor RPM First, LLC v. Charles Condominiums, LLC, 2022 NY Slip Op. 33053(U), barring a party from arguing on summary judgment that the version of a contract it had used throughout the litigation was not the correct one . . . Continue reading Party Barred from Arguing on Summary Judgment that the Version of a Contract it had Used Throughout the Litigation Was Not the Correct One
On June 10, 2022, Justice Odorisi of the Seventh Judicial District Commercial Division issued a decision in Tra-Mac Bldrs., Inc. v. Borrelli, 2022 NY Slip Op. 32579(U), precluding the use of documents to impeach a witness on collateral issues . . . Continue reading Court Precludes Use of Documents to Impeach Witness on Collateral Issues
On August 3, 2022, Justice Crane of the New York County Commercial Division issued a decision in Lotwala v. Dhabuwala, 2022 NY Slip Op. 32639(U), holding that tax filings were evidence, but not proof, of membership in an LLC . . . Continue reading Tax Filings Are Evidence, but not Proof, of LLC Membership
On April 8, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Worbes Corp. v. Sebrow, 2022 NY Slip Op. 50252(U), holding that the Dead Man’s Statute did not bar testimony about an alleged contract . . . Continue reading Dead Man’s Statute Does Not Bar Testimony About Alleged Contract
