Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 24, 2023, the First Department issued a decision in U.S. Bank N.A. v. Barker Project LLC, 2023 NY Slip Op, 05384, holding that a delay caused by negotiations with defendant does not justify late service . . . Continue reading Delay Caused by Negotiations with Defendant Does Not Justify Late Service
On October 24, 2023, the First Department issued a decision in Gilat v. Sutton, 2023 NY Slip Op. 05363, holding that a party was not bound by an agreement’s arbitration provision when it did not make claims under it . . . Continue reading Party Not Bound by Agreement’s Arbitration Provision When it Did Not Make Claims Under it
On October 24, 2023, the Court of Appeals issued a decision in Matter of Nemeth v. K-Tooling, 2023 NY Slip Op. 05349, holding that relation back may apply to claims against a new party even when the plaintiff was aware of that party’s existence when the initial complaint was filed . . . Continue reading Relation Back May Apply to Claims Against a New Party Even When the Plaintiff Was Aware of the Existence of the New Party When Filing the Initial Complaint
On October 24, 2023, the Court of Appeals issued a decision in Skaneateles Country Club v. Cambs, 2023 NY Slip Op. 05352, holding that unless provided otherwise, a license may be revoked by the licensor . . . Continue reading Unless Provided Otherwise, a License Can be Revoked by the Licensor
On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in Brabury v. Israel, 2023 NY Slip Op. 33551(U), holding that joint venture allegations survived a motion to dismiss despite questions regarding the terms of the joint venture agreement . . . Continue reading Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture
On October 17, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in TC Servs. USA Inc. v. Ideal Home Health Inc., 2023 NY Slip Op. 33635(U), dismissing a fraudulent inducement claim for lack of due diligence . . . Continue reading Fraudulent Inducement Claim Fails for Lack of Due Diligence
On October 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Davidovich v. Shimha LLC, 2023 NY Slip Op. 33638(U), rejecting an attack on the sufficiency of nail and mail service . . . Continue reading Court Rejects Attack on Sufficiency of Nail and Mail Service
On October 17, 2023, the First Department issued a decision in Five Star Elec. Corp. v. Silverite Constr. Co., Inc., 2023 NY Slip Op. 05224, enforcing a no damages for delay provision . . . Continue reading Court Enforces No Damages for Delay Provision
On October 19, 2023, the First Department issued a decision in Magna Equities II, LLC v. Writ Media Group Inc., 2023 NY Slip Op. 05320, holding that a judgment must conform to the underlying decision . . . Continue reading Judgment Must Conform to Underlying Decision
On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in TH Holdco LLC v. Rubin, 2023 NY Slip Op. 33517(U), holding that a waiver in a loan guaranty waived a defense that the guaranty was unenforceable as against public policy . . . Continue reading Waiver in Guaranty Included Waiver of Defense That Guaranty Was Unenforceable as Against Public Policy
