Under Primary Jurisdiction Doctrine, Case Stayed Pending Determination of Issues by Public Servicers Commission
Commercial Case Notes / Jurisdiction

Under Primary Jurisdiction Doctrine, Case Stayed Pending Determination of Issues by Public Servicers Commission

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

Registration to Do Business in New York Does Not Automatically Submit Defendant to Personal Jurisdiction Here
Commercial Case Notes / Personal Jurisdiction

Registration to Do Business in New York Does Not Automatically Submit Defendant to Personal Jurisdiction Here

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

Entering Appearance Without Challenging Jurisdiction Waives Defense of Lack of Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Entering Appearance Without Challenging Jurisdiction Waives Defense of Lack of Personal Jurisdiction

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

Under Filed Rate and Primary Jurisdiction Doctrines, Court Defers to PSC on Propriety of Con-Ed Charge
Commercial Case Notes / Subject Matter Jurisdiction

Under Filed Rate and Primary Jurisdiction Doctrines, Court Defers to PSC on Propriety of Con-Ed Charge

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

Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct
Commercial Case Notes / Personal Jurisdiction

Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct

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