On May 23, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Rotonde v. Stewart Title Ins. Co., 2025 NY Slip Op. 50862(U), dismissing an action for failure properly to serve the defendant . . . Continue reading Action Dismissed for Failure Properly to Serve the Defendant
On February 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Pepsico, Inc. v. Crystal Springs Resorts/Minerals Hotel, 2025 NY Slip Op. 50515(U), holding that advertising mentioning a business’s proximity to New York was insufficient to create personal jurisdiction in New York . . . Continue reading Advertising Mentioning a Business’s Proximity to New York Insufficient to Create Personal Jurisdiction in New York
On April 1, 2025, the First Department issued a decision in Riverdale Jewish Ctr. v. Brooklyn Union Gas Co., 2025 NY Slip Op. 01901, staying a case under the primary jurisdiction pending the determination of issues by the state Public Service Commission . . . Continue reading Under Primary Jurisdiction Doctrine, Case Stayed Pending Determination of Issues by Public Servicers Commission
On December 17, 2024, the First Department issued a decision in Riverdale Jewish Ctr. v. Consolidated Edison Co. of N.Y., Inc., 2024 NY Slip Op. 06314, holding that a claim was properly dismissed under the primary jurisdiction doctrine . . . Continue reading Claim Properly Dismissed Under Primary Jurisdiction Doctrine
On September 26, 2024, the First Department issued a decision in Murray v. Stone, 2024 NY Slip Op. 04611, holding that injury from a commercial tort occurs where the misconduct occurred, not where the economic loss occurred . . . Continue reading Injury from Commercial Tort Occurs Where Misconduct Occurs, Not Where Loss Occurs
On September 3, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Amelia Mar. Group Ltd. v. Integr8 Fuels Am. LLC, 2024 NY Slip Op. 33075(U), holding that registration to do business in New York does not automatically submit a defendant to personal jurisdiction in New York . . . Continue reading Registration to Do Business in New York Does Not Automatically Submit Defendant to Personal Jurisdiction Here
On August 14, 2024, the Second Department issued a decision in Calle v. National Grid USA Serv. Co., Inc., 2024 NY Slip Op. 04190, holding that claims against a utility should be dismissed on primary jurisdiction grounds . . . Continue reading Claims Against Utility Dismissed on Primary Jurisdiction Grounds
On August 7, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Taylor, 2024 NY Slip Op. 04119, holding that entering an appearance without challenging jurisdiction waives the defense of lack of personal jurisdiction . . . Continue reading Entering Appearance Without Challenging Jurisdiction Waives Defense of Lack of Personal Jurisdiction
On June 29, 2024, Justice Patel of the New York County Commercial Division issued a decision in Mycklebust v. Consolidated Edison Co. of N.Y., Inc., 2024 NY Slip Op. 50837(U), holding that under the filed rate and primary jurisdiction doctrines, the court should defer to the Public Service Commission on the propriety of a Con-Edison charge . . . Continue reading Under Filed Rate and Primary Jurisdiction Doctrines, Court Defers to PSC on Propriety of Con-Ed Charge
On April 18, 2024, the Court of Appeals issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, 2024 NY Slip Op. 02081, holding that a buyer in an asset purchase acquisition was subject to personal jurisdiction based on the seller’s conduct . . . Continue reading Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct
