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

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