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

Use of New York Co-Working Facility Address and Telephone Number Sufficient to Create Jurisdiction in New York
Commercial Case Notes / Personal Jurisdiction

Use of New York Co-Working Facility Address and Telephone Number Sufficient to Create Jurisdiction in New York

On July 6, 2023, Justice Chan of the New York County Commercial Division issued a decision in Propellus, Inc. v. Royal Sovereign Group, 2023 NY Slip Op. 32361(U), holding that use of a New York co-working facility address and phone Number was sufficient to create jurisdiction in New York . . . Continue reading Use of New York Co-Working Facility Address and Telephone Number Sufficient to Create Jurisdiction in New York

Forum Selection Clause Choosing New York Federal Courts Does Not Create Jurisdiction in New York State Courts
Commercial Case Notes / Personal Jurisdiction

Forum Selection Clause Choosing New York Federal Courts Does Not Create Jurisdiction in New York State Courts

On May 9, 2023, the First Department issued a decision in Alvarez & Marshal Valuation Servs., LLC v. Solar Eclipse Inv. Fund III, LLC, 2023 NY Slip Op. 02449, holding that a forum selection clause choosing New York’s federal courts does not create jurisdiction in the New York state courts . . . Continue reading Forum Selection Clause Choosing New York Federal Courts Does Not Create Jurisdiction in New York State Courts

Counsel’s Appearance Plus Failure to Move or Plead Defense Waived Lack of Personal Jurisdiction Defense
Commercial Case Notes / Personal Jurisdiction

Counsel’s Appearance Plus Failure to Move or Plead Defense Waived Lack of Personal Jurisdiction Defense

On October 12, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Black, 2022 NY Slip Op. 05732, holding that the appearance of counsel, combined with the defendant’s failure to move to dismiss or plead a defense of lack of personal jurisdiction, waived that defense . . . Continue reading Counsel’s Appearance Plus Failure to Move or Plead Defense Waived Lack of Personal Jurisdiction Defense