Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity
Commercial Case Notes / Motion to Dismiss / Service of Process

Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity

On September 7, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2022 NY Slip Op. 33000(U), holding that defendants waive the defense of improper service by failing to plead it with particularity . . . Continue reading Defendants Waived Defense of Improper Service of Process by Failing to Plead it with Particularity

Action Dismissed in Favor of First-Filed Federal Action Even Though There Was Not a Complete Duplication of Parties
Commercial Case Notes / Motion to Dismiss

Action Dismissed in Favor of First-Filed Federal Action Even Though There Was Not a Complete Duplication of Parties

On May 19, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Hipple v. Oatly Group AB, 2022 NY Slip Op. 50411(U), dismissing an action in favor of a first-filed federal action even though there was not a complete duplication of parties in both actions . . . Continue reading Action Dismissed in Favor of First-Filed Federal Action Even Though There Was Not a Complete Duplication of Parties

Complaint May Be Verified by Counsel When Counsel Has Personal Knowledge of Investigations into the Relevant Claims
Commercial Case Notes / Motion to Dismiss

Complaint May Be Verified by Counsel When Counsel Has Personal Knowledge of Investigations into the Relevant Claims

On January 13, 2022, Justice Chan of the New York County Commercial Division issued a decision in Finkelstein v. Bank of N.Y. Mellon, 2022 NY Slip Op. 30186(U), holding that a complaint may be verified by counsel when counsel has personal knowledge of investigations into the relevant claims . . . Continue reading Complaint May Be Verified by Counsel When Counsel Has Personal Knowledge of Investigations into the Relevant Claims

Allegation Made Upon Information and Belief Sufficient When Facts Peculiarly Within Defendant’s Knowledge
Commercial Case Notes / Motion to Dismiss

Allegation Made Upon Information and Belief Sufficient When Facts Peculiarly Within Defendant’s Knowledge

On October 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Xiaoyan Lu v. Sagewood SFF III LLC, 2021 NY Slip Op. 32285(U), holding that allegations made upon information and belief are sufficient when the facts are peculiarly within the defendant’s knowledge . . . Continue reading Allegation Made Upon Information and Belief Sufficient When Facts Peculiarly Within Defendant’s Knowledge