Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Podokshik v. Cachette, 2024 NY Slip Op. 32795(U), holding that dominance of a corporation alone is insufficient to justify piercing the corporate veil . . . Continue reading Dominance of Corporation Alone is Insufficient to Justify Piercing the Corporate Veil
On August 12, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Denver Wewatta (Co) LLC v. Amtrust Title Ins. Co., 2024 NY Slip Op. 32847(U), holding that damages from fraud can include losses from foregone opportunities . . . Continue reading Fraud Damages Can Include Lost Opportunities
On August 9, 2024, Justice Masley of the New York County Commercial Division issued a decision in Amtrust N. Am., Inc. v. Bozzomo, 2024 NY Slip Op. 32803(U), holding that a non-compete provision that prevented an employee from working in an industry was unenforceable . . . Continue reading Non-Compete That Prevented Employee from Working in Industry Unenforceable
On July 10, 2024, Justice Masley of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. Elmwood NYT Owner, LLC, 2024 NY Slip Op. 32816(U), denying a Yellowstone injunction because of the tenant’s inability to show that it could cure a rent payment default . . . Continue reading Yellowstone Injunction Denied Because of Tenant’s Inability to Show That it Could Cure Rent Payment Default
On August 14, 2024, the Second Department issued a decision in Calle v. National Grid USA Serv. Co., Inc., 2024 NY Slip Op. 04190, holding that claims against a utility should be dismissed on primary jurisdiction grounds . . . Continue reading Claims Against Utility Dismissed on Primary Jurisdiction Grounds
On August 14, 2024, the Second Department issued a decision in Hopwood v. Infinity Contr. Servs. Corp., 2024 NY Slip Op. 04197, holding that a series of e-mails was insufficient to save a contract claim from dismissal under the statute of frauds . . . Continue reading Series of E-mails Insufficient to Save Contract Claim from Dismissal Under the Statute of Frauds
On August 15, 2024, the First Department issued a decision in DirecTV, LLC v. Nexstar Broadcasting, Inc., 2024 NY Slip Op. 04225, examining the narrow limits of an implied covenant claim . . . Continue reading First Department Examines Narrow Limits of Implied Covenant Claim
On August 15, 2024, the First Department issued a decision in Hai-2, LLC v. Blackrock Fin. Mgt., Inc., 2024 NY Slip Op. 04226, holding that under the continuing wrong doctrine, a new claim accrued each time the defendant failed to make a quarterly payment . . . Continue reading Under Continuing Wrong Doctrine, New Claim Accrued Each Time Defendant Failed to Make a Quarterly Payment
On August 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Law Off. of Mark S. Helweil v. Karambelas, 2024 NY Slip Op. 32693(U), holding that a receiver’s fees were capped by CPLR § 8004(a) despite s court order allowing payment at the receiver’s usual rate . . . Continue reading Receiver’s Fees Capped by CPLR § 8004(a) Despite Court Order Allowing Payment at Receiver’s Usual Rate
On August 1, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2024 NY Slip Op. 32698(U), holding that the failure of a limited liability company to appear by counsel lead to entry of default judgment against it . . . Continue reading LLC’s Failure to Appear By Counsel Leads to its Default
