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

Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction

On December 29, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Reveam, Inc. v. Taylor Frères Capital Mkts., LLC, 2023 NY Slip Op. 34555(U), holding that sending correspondence to New York was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction

Out of State Corporation Not Subject to General Jurisdiction in New York Because it Has Subsidiaries Here
Commercial Case Notes / Personal Jurisdiction

Out of State Corporation Not Subject to General Jurisdiction in New York Because it Has Subsidiaries Here

On December 5, 2023, the First Department issued a decision in KPP III CCT LLC v. Douglas Dev. Corp., 2023 NY Slip Op. 06216, holding that an out-of-state corporation was not subject to general jurisdiction in New York because it had subsidiaries here . . . Continue reading Out of State Corporation Not Subject to General Jurisdiction in New York Because it Has Subsidiaries Here

No Quasi In Rem Jurisdiction When Property Upon Which Jurisdiction Would be Based is Not Related to the Claims Made
Commercial Case Notes / Personal Jurisdiction

No Quasi In Rem Jurisdiction When Property Upon Which Jurisdiction Would be Based is Not Related to the Claims Made

On October 12, 2023, the First Department issued a decision in Chaar v. Arab Bank P.L.C., 2023 NY Slip Op. 05184, holding that there is no quasi in rem jurisdiction when the property upon which jurisdiction would be based is not related to the claims made . . . Continue reading No Quasi In Rem Jurisdiction When Property Upon Which Jurisdiction Would be Based is Not Related to the Claims Made

A Challenge to Default Based on Lack of Personal Jurisdiction Does Not Require Excuse or Showing of Merit
Commercial Case Notes / Default Judgment / Personal Jurisdiction

A Challenge to Default Based on Lack of Personal Jurisdiction Does Not Require Excuse or Showing of Merit

On October 6, 2023, the Fourth Department issued a decision in L&W Supply Corp. v. Built-Rite Drywall Corp., 2023 NY Slip Op. 05079, holding that a motion to vacate a default judgment does not require a showing of a reasonable excuse or a meritorious defense . . . Continue reading A Challenge to Default Based on Lack of Personal Jurisdiction Does Not Require Excuse or Showing of Merit

New York Court Has Jurisdiction to Decide Ownership Dispute Under Delaware General Corporation Law 205
Commercial Case Notes / Corporations / Subject Matter Jurisdiction

New York Court Has Jurisdiction to Decide Ownership Dispute Under Delaware General Corporation Law 205

On September 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Owen v. Array US, Inc., 2023 NY Slip Op, 33056(U), holding that a New York court has jurisdiction to decide a stock ownership dispute under Delaware General Corporation Law Section 205 . . . Continue reading New York Court Has Jurisdiction to Decide Ownership Dispute Under Delaware General Corporation Law 205