Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On January 7, 2025, the First Department issued a decision in Seibel v. Scarola Zubatov Schaffin PLLC, 2025 NY Slip Op. 00067, enforcing an engagement letter provision allowing counsel to Continue reading Court Enforces Engagement Letter Provision Allowing Counsel to Withdraw if Client Failed to Cooperate
On January 7, 2025, the First Department issued a decision in Bullaro v. Ledo, Inc., 2025 NY Slip Op. 00040, upholding the dismissal of a motion for summary judgment under Continue reading Summary Judgment Motion Denied Under the Single Motion Rule
On January 9, 2025, the First Department issued a decision in Matter of TGT, LLC v. Meli, 2025 NY Slip Op. 00180, holding that parties that “did not oppose” a Continue reading Party That Did Not Oppose Motion Lacks Standing to Appeal It
On January 9, 2025, the First Department issued a decision in Black v. Phoenix Cayman Ltd., 2025 NY Slip Op. 00147, holding that a claim was time-barred because of the Continue reading Fraud Claim Time-Barred Because of Plaintiffs’ Failure Diligently to Investigate Claim
On December 19, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Homapour v. 3M Props., LLC, 2024 NY Slip Op. 34518(U), excusing a 10-month Continue reading Court Excuses 10-Month Delay in Answering Cross-Claim
On December 19, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lingang Li v. Howe, 2024 NY Slip Op. 34490(U), holding that a claim based Continue reading Claim Based on Oral Agreement to Sell Shares of Business That Only Owned Real Property Barred by the Statute of Frauds
On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Bates Holdings II LLC v. ZB Prospect Realty, LLC, 2024 NY Slip Op. 34366(U), holding that the absence of evidence of payment in business records is sufficient evidence of non-payment . . . Continue reading Absence of Evidence of Payment in Business Records is Sufficient Evidence of Non-Payment
On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Pesochinsky v. Gurariy, 2024 NY Slip Op. 34371(U), holding that a dispute over the distribution of revenue did not justify the appointment of a receiver . . . Continue reading Dispute Over the Distribution of Revenue Does Not Justify the Appointment of a Receiver
On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Brooklyn 5511 Mgt. LLC v. Hang Feng 5511 LLC, 2024 NY Slip Op. 34372(U), denying a motion for summary judgment based on the single motion rule . . . Continue reading Court Denies Motion for Summary Judgment Based on the Single Motion Rule
On December 11, 2024, Justice Chan of the New York County Commercial Division issued a decision in Metcalf v. Safirstein Metcalf, LLP, 2024 NY Slip Op. 34381(U), denying a motion for a preliminary injunction because the plaintiff was seeking money damages, even though the funds sought were in an escrow account . . . Continue reading Party Not Entitled to Injunction Because Money Damages Would Provide an Adequate Recovery
