On September 27, 2024, Justice Reed of the New York County Commercial Division issued a decision in Subify LLC v. Ace Hat Collection Inc., 2024 NY Slip Op. 51336(U), refusing counsel to withdraw without consent or adequate justification . . . Continue reading Court Declines to Allow Counsel To Withdraw Without Consent or Adequate Justification
On August 23, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Altium Growth Fund, L.P. v. Tingo Group, Inc., 2024 NY Slip Op. 32993(U), refusing to allow counsel withdraw from a representation despite unpaid fees because of the disruption it would cause . . . Continue reading Court Refuses to Allow Counsel to Withdraw Despite Unpaid Bills
On August 1, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2024 NY Slip Op. 32698(U), holding that the failure of a limited liability company to appear by counsel lead to entry of default judgment against it . . . Continue reading LLC’s Failure to Appear By Counsel Leads to its Default
On July 29, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Peck v. Milbank LLP, 2024 NY Slip Op. 32596(U), holding that the judicial proceedings privilege did not bar a Judiciary Law Section 487 claim . . . Continue reading Judicial Proceedings Privilege Does Not Bar Judiciary Law Section 487 Claim
On May 3, 2024, the Fourth Department issued a decision in Consumers Beverages, Inc. v. Kavcon Dev. LLC, 2024 NY Slip Op. 02397, holding that a motion to disqualify counsel failed because of an insufficient connection between the matters in which counsel was engaged . . . Continue reading Motion to Disqualify Denied Due to Lack of Relationship Between Matters in Which Counsel was Engaged
On March 19, 2024, the Court of Appeals issued a decision in Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 2024 NY Slip Op. 01497, holding that a Judiciary Law Section 487 claim may be brough in a plenary action . . . Continue reading Section 487 Claim May be Brought in a Plenary Action
On February 15, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zomongo.TV USA Inc. v. Capital Advance Servs., LLC, 2024 NY Slip Op. 30508(U), refusing to disqualify counsel because of insufficient similarity of past and current engagements . . . Continue reading Court Refuses to Disqualify Counsel Because of Insufficient Similarity of Past and Current Engagements
On October 3, 2023, Justice Crane of the New York County Commercial Division issued a decision in Seymour v. Hovnanian, 2023 NY Slip Op. 33433(U), holding that the Judiciary Law does not entitle an attorney suing to enforce a charging lien to fees . . . Continue reading Judiciary Law Does Not Entitle Attorney Suing to Enforce a Charging Lien to Fees
On July 26, 2023, the Second Department issued a decision in Kingston Check Cashing Corp. v. Nussbaum Yates Berg Klein & Wolpow, LLP, 2023 NY Slip Op. 03913, holding that the attorney-witness rule applies only when counsel’s testimony is necessary, not just useful, to the moving party’s case . . . Continue reading Attorney-Witness Rule Applies Only if Counsel’s Testimony is Necessary, Not Just Useful, to the Moving Party’s Case
On June 7, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2023 NY Slip Op. 31930(U), defaulting a limited liability company for failure to appear through counsel . . . Continue reading LLC Defaulted for Failure to Appear by Counsel
