When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice
Commercial Case Notes / Motion to Dismiss

When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice

On January 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2023 NY Slip Op. 30167(U), holding that when an issue on a motion to dismiss was one of law, the court could convert the motion to on for summary judgment without notice . . . Continue reading When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice

Court May Dismiss Based on a Prior Pending Action Even When the Legal Theories are not Identical
Commercial Case Notes / Motion to Dismiss

Court May Dismiss Based on a Prior Pending Action Even When the Legal Theories are not Identical

On November 30, 2022, Justice Chan of the New York County Commercial Division issued a decision in Charles Condominiums, LLC v. Victor RPM First, LLC, 2022 NY Slip Op. 34067(U), holding that a court may dismiss claims based on a prior pending action even when the legal theories are not identical . . . Continue reading Court May Dismiss Based on a Prior Pending Action Even When the Legal Theories are not Identical

Motion to Amend Denied Because Claims Already Had Been Dismissed with Prejudice
Commercial Case Notes / Motion to Dismiss

Motion to Amend Denied Because Claims Already Had Been Dismissed with Prejudice

On November 28, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ja Kao v. Onyx Renewable Partners L.P., 2022 NY Slip Op. 34046(U), denying a motion to amend a claim against a defendant when the claims in the original complaint had been dismissed with prejudice . . . Continue reading Motion to Amend Denied Because Claims Already Had Been Dismissed with Prejudice

Court Upholds Quantum Meruit Claim for Use and Occupancy Even Though it was Not Pleaded as a Separate Cause of Action
Commercial Case Notes / Motion to Dismiss / Real Property

Court Upholds Quantum Meruit Claim for Use and Occupancy Even Though it was Not Pleaded as a Separate Cause of Action

On November 29, 2022, the First Department issued a decision in 885 3rd Ave. Realty Owners LLC v. Alden Global Capital LLC, 2022 NY Slip Op. 06736, upholding a quantum meruit claim based on use and occupancy even though it was not pleaded as a separate cause of action . . . Continue reading Court Upholds Quantum Meruit Claim for Use and Occupancy Even Though it was Not Pleaded as a Separate Cause of Action

Anti-SLAPP Statute Does Not Apply to Commercial Dispute Regarding Matter of Public Interest
Commercial Case Notes / Motion to Dismiss

Anti-SLAPP Statute Does Not Apply to Commercial Dispute Regarding Matter of Public Interest

On November 14, 2022, Justice Chan of the New York County Commercial Division issued a decision in Sozo Inv. Partners L.P. v. 1600 N 11th St. CRCP LLC, 2022 NY Slip Op. 33854(U), holding that New York’s anti-SLAPP statute did not apply to a commercial dispute related to a matter of public interest . . . Continue reading Anti-SLAPP Statute Does Not Apply to Commercial Dispute Regarding Matter of Public Interest