Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 11, 2023, the Second Department issued a decision in Bank of Am., N.A. v. Fischer, 2023 NY Slip Op. 05112, holding that despite multiple attempts at service, nail and mail servicer was insufficient . . . Continue reading Despite Multiple Attempts at Service, Nail and Mail Service Found Insufficient
On October 12, 2023, the First Department issued a decision in Lucas v. Verizon Communications, Inc., 2023 NY Slip Op. 05190, dismissing a claim for tortious interference with prospective business relations on summary judgment for lack of evidence of wrongful means . . . Continue reading Tortious Interference with Prospective Business Relations Claim Fails for Lack of Allegations of Wrongful Means
On October 12, 2023, the First Department issued a decision in Chaar v. Arab Bank P.L.C., 2023 NY Slip Op. 05184, holding that there is no quasi in rem jurisdiction when the property upon which jurisdiction would be based is not related to the claims made . . . Continue reading No Quasi In Rem Jurisdiction When Property Upon Which Jurisdiction Would be Based is Not Related to the Claims Made
On October 12, 2023, the First Department issued a decision in Advanced Alternative Media, Inc. v. Hindlin, 2023 NY Slip Op. 05181, holding that an attorney affirmation can be used to submit a contract in support of a summary judgment motion . . . Continue reading Attorney Affirmation Can Be Used to Submit Contract on Summary Judgment
On October 4, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Pursuit Credit Special Opportunity Fund, L.P. v. Krunchcash, LLC, 2023 NY Slip Op 33448(U), sanctioning a litigant for accessing an inadvertently produced Dropbox link . . . Continue reading Court Sanctions Litigant for Accessing Inadvertently Produced Dropbox Link
On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in 318 W. 15th St. Apt. Corp. v. 320 W 15 LLC, 2023 NY Slip Op. 33468(U), rejecting an application for fees on fees . . . Continue reading Court Denies Request for an Award of Attorneys’ Fees Based on the Work Done to Submit a Fee Application
On October 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in ACP Hous. Assoc., L.P. v. ABJ Milano, LLC, 2023 NY Slip Op. 33469(U), holding that a claim for mutual mistake failed because, among reasons, of the delay in raising the issue . . . Continue reading Claim Based on Mutual Mistake Fails Because, Among Other Reasons, of Delay in Raising Dispute
On October 3, 2023, Justice Crane of the New York County Commercial Division issued a decision in Seymour v. Hovnanian, 2023 NY Slip Op. 33433(U), holding that the Judiciary Law does not entitle an attorney suing to enforce a charging lien to fees . . . Continue reading Judiciary Law Does Not Entitle Attorney Suing to Enforce a Charging Lien to Fees
On October 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Braddock v. Shwarts, 2023 NY Slip Op. 51050(U), dismissing a claim for failure adequately to allege standing to bring a claim based on the assignment of claims . . . Continue reading Claim Dismissed for Failure Adequately to Allege Standing Based on Assignment of Claims
On October 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Arena Special Opportunities Fund, LLC v. McDermott, 2023 NY Slip Op. 51052(U), dismissing an action for lack of personal jurisdiction based on, among other things, the plaintiff’s failure adequately to document defendant’s counsel acceptance of service . . . Continue reading Action Dismissed for Failure Adequately to Document Defendant’s Counsel’s Acceptance of Service
