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
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
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
On September 1, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Metropolitan Partners Fund IIIA, LP v. GemCap Lending I, LLC, 2023 NY Slip Op. 33042(U), finding personal jurisdiction under the de facto merger doctrine . . . Continue reading Court Finds Personal Jurisdiction Under De Facto Merger Doctrine
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
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
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
On February 14, 2023, the Court of Appeals issued a decision in Hetelekides v. County of Ontario, 2023 NY Slip Op. 00803, reaffirming the constitutionality of in rem foreclosure proceedings . . . Continue reading Court of Appeals Reaffirms Constitutionality of In Rem Foreclosure Proceedings
On February 14, 2023, the Court of Appeals issued a decision in State of New York v. Vayu, Inc., 2023 NY Slip Op. 00801, holding that e-mails and phone calls made to New York were a sufficient basis for personal jurisdiction . . . Continue reading E-mails and Phone Calls Made to New York Sufficient Basis for Personal Jurisdiction
On January 31, 2023, the First Department issued a decision in Clingerman v. Ali, 2023 NY Slip Op. 00390, finding that a court had personal jurisdiction based on an alter ego theory . . . Continue reading Personal Jurisdiction Found Based on Alter Ego Theory
