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
On April 29, 2022, the Fourth Department issued a decision in Davis v. Evangelical Lutheran Church In Am., 2022 NY Slip Op. 02914, exploring the limits to documentary evidence under CPLR 3211(a)(1) . . . Continue reading Court Explores Limits of 3211(a)(1) Documentary Evidence
On March 10, 2022, the First Department issued a decision in Wormwood Capital LLC v. Mulleady, 2022 NY Slip Op. 01526, holding that defendants had failed to meet the burden necessary to justify a forum non conveniens dismissal. Continue reading Defendants Fail to Meet Burden on Forum Non Conveniens Motion
On January 11, 2022, Justice Masley of the New York County Commercial Division issued a decision in Chao Jiang v. Ping An Ins., 2022 NY Slip Op. 30072(U), holding that filing an answer does not moot a pending motion to dismiss . . . Continue reading Filing an Answer does not Moot a Pending Motion to Dismiss
