Action Dismissed Due to Prior Pending Action Even Though the Actions Included Differing Legal Theories
Commercial Case Notes / Motion to Dismiss

Action Dismissed Due to Prior Pending Action Even Though the Actions Included Differing Legal Theories

On March 6, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Saleh v. Hudson 418 Riv. Rd. LLC, 2023 NY Slip Op. 30767(U), dismissing an action in favor of a prior pending action even though the actions included differing legal theories . . . Continue reading Action Dismissed Due to Prior Pending Action Even Though the Actions Included Differing Legal Theories

Motion to Dismiss Based on Documentary Evidence Fails Despite Plaintiff’s Heavy Burden on Summary Judgment or Trial
Commercial Case Notes / Motion to Dismiss

Motion to Dismiss Based on Documentary Evidence Fails Despite Plaintiff’s Heavy Burden on Summary Judgment or Trial

On February 22, 2023, the Second Department issued a decision in Alleyne v. Rutland Dev. Group, Inc., 2023 NY Slip Op. 00975, holding that a motion to dismiss based on documentary evidence was properly denied notwithstanding the plaintiff’s heavy burden on summary judgment or trial . . . Continue reading Motion to Dismiss Based on Documentary Evidence Fails Despite Plaintiff’s Heavy Burden on Summary Judgment or Trial

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