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 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
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
On August 3, 2022, Justice Chan of the New York County Commercial Division issued a decision in Chaar v. Arab Bank P.L.C., 2022 NY Slip Op. 32666(U), holding that use of correspondent banks was insufficient to create quasi-in-rem jurisdiction over Lebanese banks in New York . . . Continue reading Use of Correspondent Banks Insufficient to Create New York Jurisdiction
On June 14, 2022, the First Department issued a decision in Taxi Medallion Loan Trust III v. Brown Eyes Cab Corp., 2022 NY Slip Op. 03879, holding that an agreement’s recital that it was negotiated, executed, and delivered in New York was sufficient to create personal jurisdiction in New York . . . Continue reading Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction
On May 13, 2022, Justice Cohen of the New York County Commercial Division issued a decision in V6CO LLC v. Business Advocate Law PLLC, 2022 NY Slip Op. 31579(U), holding that the use of a New York bank was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction
