Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 3, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lapin v. Verner, 2023 NY Slip Op. 32726(U), dismissing a fraud claim for failure specifically to allege misrepresentations by the defendant . . . Continue reading Fraud Claim Dismissed for Failure Specifically to Allege Misrepresentations by the Defendant
On July 24, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Albano v. Meir Transp., 2023 NY Slip Op. 32728(U), dismissing an action for failure to prosecute . . . Continue reading Action Dismissed for Failure to Justify Failure to Prosecute
On August 4, 2023, Justice Chan of the New York County Commercial Division issued a decision in Restaurant Zone LLC v. Myers, 2023 NY Slip Op. 32751(U), holding that a state court can hear federal Defend Trade Secrets Act claims . . . Continue reading State Court Can Hear Federal Defend Trade Secrets Act Claims
On August 7, 2023, Justice Reed of the New York County Commercial Division issued a decision in Cedar Capital Mgt. Group Inc. v. Lillie, 2023 NY Slip Op. 50831(U), dismissing an aiding and abetting fraud claim for failure to plead actual knowledge of, or substantial assistance to, the fraud with particularity . . . Continue reading Aiding and Abetting Fraud Claim Dismissed for Failure to Plead Actual Knowledge or Substantial Assistance With Particularity
On August 4, 2023, Justice Reed of the New York County Commercial Division issued a decision in West 87 LP v. Paul Hastings LLP, 2023 NY Slip Op. 50821(U), holding that the common interest privileged shielded documents shown to third-parties from production . . . Continue reading Documents Shielded From Production by Common Interest Privilege
On August 9, 2023, the Second Department issued a decision in Gold v. 22 St. Felix, LLC, 2023 NY Slip Op. 04194, holding that corporate officers may be held liable for torts committed in the course of their duties . . . Continue reading Corporate Officers May be Held Liable for Torts Committed in the Course of Their Duties
On August 9, 2023, the Second Department issued a decision in Statharos v. Statharos, 2023 NY Slip Op. 04226, holding that when a breach of fiduciary claim is based on fraud, the statute of limitation is that of fraud . . . Continue reading When Breach of Fiduciary Duty Claim is Based on Fraud, The Statute of Limitations is That of Fraud
On August 9, 2023, the Second Department issued a decision in Wells Fargo Bank N.A. v. Carney, 2023 NY Slip Op. 04231, holding that a person who signed a mortgage is a borrower for purposes of RPAPL 1304 notice even if they did not sign the related note . . . Continue reading Person Who Signed Mortgage Is Borrower for Purposes of RPAPL 1304 Notice Even if They Did Not Sign the Related Note
On August 11, 2023, the Fourth Department issued a decision in Hausrath Landscape Maintenance, Inc. v. Caravan Facilities Mgt., LLC, 2023 NY Slip Op. 04289, holding that a defendant was liable for providing an untimely notice of contract termination . . . Continue reading Defendant Liable for Untimely Notice of Termination of Contract
On July 27, 2023, Justice Crane of the New York County Commercial Division issued a decision in GLD Legacy Holdings, LLC v. Legacy Educ. Alliance, Inc., 2023 NY Slip Op. 32601(U), holding that a party cannot assert a standing defense in an action to collect on a note when it agreed to waive all defenses . . . Continue reading Party Cannot Assert Standing Defense on Note When it Agreed to Waive All Defenses
