On May 16, 2024, the First Department issued a decision in Taxi Tours Inc. v. Go N.Y. Tours Inc., 2024 NY Slip Op. 02760, holding that an expert witness properly was excluded from testifying because of the expert’s failure to turn over all the data that was the basis for the expert’s decision . . . Continue reading Expert Precluded for Failure to Turn Over All Material Relied Upon
On April 17, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Demasco, 2024 NY Slip Op. 02033, holding that a summary judgment motion failed for lack of proof that the evidence submitted in support of it were business records . . . Continue reading Summary Judgment Motion Fails For Lack of Proof That Evidence Submitted in Support Were Business Records
On December 28, 2023, the First Department issued a decision in 35 W. Realty Co., LLC v. Booston, LLC, 2023 NY Slip Op. 06794, holding that the Dead Man’s Statute Continue reading Dead Man’s Statute Did Not Bar Testimony Regarding Existence of Business’ Lease
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
