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
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
On November 23, 2022, the Second Department issued a decision in LaSalle Bank, NA v. Ferrari, 2022 NY Slip Op. 06699, denying plaintiff an extension of time to serve due to lack of due diligence . . . Continue reading Plaintiff Denied Extension to Time to Serve Due to Lack of Diligence
On October 28, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in S&P 350 Inc. v. VK Dental Group Inc., 2022 NY Slip Op. 33847(U), dismissing claims for failure to make non-conclusory factual allegations . . . Continue reading Claims Dismissed Because of Failure to Make Non-Conclusory Factual Allegations
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
On October 12, 2022, Justice Reed of the New York County Commercial Division issued a decision in CDx Diagnostics, Inc. v. Rutenberg, 2022 NY Slip Op. 51007(U), holding that counterclaims based on filing a complaint were barred by the Noerr-Pennington doctrine . . . Continue reading Counterclaims Based on Filing Complaint Barred by Noerr-Pennington Doctrine
On October 4, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C., 2022 NY Slip Op. 22316, declining to convert a post-answer motion to dismiss into a motion for summary judgment . . . Continue reading Court Rejects Post-Answer Motion to Dismiss
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
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
On May 5, 2022, the First Department issued a decision in Nurlybayev v. SmileDirectClub, Inc., 2022 NY Slip Op. 03053, affirming the dismissal of a securities class action in favor of a prior pending class action in another state . . . Continue reading Securities Class Action Dismissed in Favor of Prior Pending Action
