Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On June 13, 2023, the Court of Appeals issued a decision in Moore Charitable Found. v. PJT Partners, Inc., 2023 NY Slip Op. 03185, holding that a negligent supervision claim against a bank can be made by more than just the bank’s customers . . . Continue reading Bank’s Duty of Non-Negligent Supervision Runs to More than the Bank’s Customers
On June 9, 2023, the Fourth Department issued a decision in Fields Enters. Inc. v. Bristol Harbour Vil. Assn., Inc., 2023 NY Slip Op. 03165, holding that a third-party beneficiary claim failed for lack of a showing of intent to benefit . . . Continue reading Third-Party Beneficiary Claim Fails for Lack of Showing of Intent to Benefit
On June 1, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 255 Butler Assoc. LLC v. 255 Butler, LLC, 2023 NY Slip Op. 31913(U), holding that a customer likely lacks standing to object to a subpoena to the customer’s bank . . . Continue reading Customer Likely Lacks Standing to Object to Subpoena to Bank
On May 31, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Alsatdi v. Alsaede, 2023 NY Slip Op. 31914(U), holding that a Notice to Admit cannot be used regarding an ultimate contested fact . . . Continue reading Notice to Admit Cannot Be Used Regarding an Ultimate Contested Fact
On June 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Norddeutsche Landesbank Girozentrale v. Tilton, 2023 NY Slip Op. 31892(U), holding that legal research and photocopying costs are not costs chargeable in a judgment . . . Continue reading Legal Research and Photocopying Costs Are Not Costs Chargeable in a Judgment
On June 7, 2023, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Bindra, 2023 NY Slip Op. 03037, holding that a plaintiff should be granted additional time to serve in the interests of justice even though the plaintiff had not showed good cause for the failure timely to serve . . . Continue reading Plaintiff Granted Additional Time to Serve in the Interests of Justice Even Though it Did Not Show Good Cause for the Delay
On June 7, 2023, the Second Department issued a decision in Washington Mut. Bank v. Brottman, 2023 NY Slip Op. 03041, holding that a court is authorized, but never required, to dismiss an action for failure to prosecute . . . Continue reading Court is Authorized, But Never Required, to Dismiss an Action for Failure to Prosecute
On June 6, 2023, the First Department issued a decision in 214 Knickerbocker LLC v. Shou Pan, 2023 NY Slip Op. 02959, holding that the transfer of property from parents to children without evidence of proper consideration supported fraudulent transfer claim . . . Continue reading Transfer of Property Without Evidence of Proper Consideration Supported Fraudulent Transfer Claim
On June 6, 2023, the First Department issued a decision in Cohen v. Gordon & Silber, PC, 2023 NY Slip Op. 02968, holding that a party’s delay in seeking a stay of a civil trial pending his criminal trial justified denying the stay . . . Continue reading Delay Justified Denying Party’s Motion to Stay Civil Trial Pending Criminal Trial
On June 8, 2023, the First Department issued a decision in Crestview SPV, LLC v. Crestview Fin., LLC, 2023 NY Slip Op. 03070, holding that a conversion claim should be dismissed as duplicative of a breach of contract claim . . . Continue reading Conversion Claim Dismissed as Duplicative of Contract Claim
