Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 18, 2023, Justice Masley of the New York County Commercial Division issued a decision in Schupak v. Arozamena, 2023 NY Slip Op. 33235(U), holding that a no oral representations clause barred a fraudulent inducement claim . . . Continue reading No Oral Representations Clause Bars Fraudulent Inducement Claim
On September 12, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Mancini Earth & Pipe LLC v. Seamless Capital Group, LLC, 2023 NY Slip Op. 33250(U), holding that a non-mutual forum selection clause did not create jurisdiction over a defendant in New York . . . Continue reading Non-Mutual Forum Selection Clause Did Not Create Jurisdiction over Defendant in New York
On September 15, 2023, Justice Borrok of the New York County Commercial Division issued a decision in People v. Richmond Capital Group LLC, 2023 NY Slip Op. 50975(U), holding that agreements were usurious loans, not merchant cash advance agreements . . . Continue reading Agreements Found to be Usurious Loans, Not Merchant Cash Advance Agreements
On September 21, 2023, the First Department issued a decision in 47 E. 34th St. (NY) L.P. v. BridgeStreet Worldwide, Inc., 2023 NY Slip Op. 04702, holding that a claim based on successor liability failed for lack of evidence that the defendant purchased the assets of the predecessor company . . . Continue reading Claim Based on Successor Liability Fails Without Evidence That Defendant Purchased Assets
On September 11, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Intrepid Invs., LLC v. Selling Source, LLC, 2023 NY Slip Op. 33148(U), holding that a conversion claim failed because of its overlap with a breach of contract claim . . . Continue reading Conversion Claim Fails Because of its Overlap With Breach of Contract Claim
On September 13, 2023, the Second Department issued a decision in 1934 Bedford, LLC v. Gutman Weiss, P.C., 2023 NY Slip Op. 04558, holding that a legal malpractice claim failed for lack of allegation of but-for causation . . . Continue reading Legal Malpractice Claim Fails for Lack of Allegation of But-For Causation
On September 13, 2023, the Second Department issued a decision in Abraham v. Torati, 2023 NY Slip Op. 04561, affirming the dismissal of a GBL 349 claim for lack of allegations of public harm . . . Continue reading GBL 349 Claim Dismissed for Lack of Allegations of Public Harm
On September 13, 2023, the Second Department issued a decision in Bedford-Carp Constr., Inc. v. Brooklyn Union Gas Co., 2023 NY Slip Op. 04566, holding that a plaintiff sufficiently had alleged the close relationship needed for an unjust enrichment claim . . . Continue reading Close Relationship Needed for Unjust Enrichment Claim Met
On August 23, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Desanges v. All Taxi, Inc., 2023 NY Slip Op. 33123(U), dismissing a breach of contract claim for failure to identify which terms of the contract had been breached . . . Continue reading Breach of Contract Claim Dismissed for Failure to Identify Which Provision of the Contract Was Breached
On August 25, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Manda Intl. Corp. v. Red Hook 160 LLC, 2023 NY Slip Op. 33126(U), holding that an assignee does not automatically assume the obligations of the assignor . . . Continue reading Assignee Does Not Automatically Assume Obligations of Assignor
