Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 1, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2024 NY Slip Op. 32708(U), holding that joint venture allegations failed for lack of an agreement to share losses . . . Continue reading Joint Venture Allegations Fail for Lack of Allegations of an Agreement to Share Losses
On August 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Vaidya v. Itria Ventures LLC, 2024 NY Slip Op. 32709(U), holding that the decision of whether a contract was void because it was usurious was for the arbitrator, not the court . . . Continue reading Decision of Whether Contract is Void as Usurious Was For Arbitrator, Not Court
On August 2, 2024, Justice Patel of the New York County Commercial Division issued a decision in Acquiom Agency Servs. LLC v. Fox Capital LLC, 2024 NY Slip Op. 51000(U), holding that a guaranty’s reference to performance of obligations did not bar summary judgment in lieu of complaint . . . Continue reading Guaranty’s Reference to Performance of Obligations Did Not Bar Summary Judgment in Lieu of Complaint
On August 7, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Taylor, 2024 NY Slip Op. 04119, holding that entering an appearance without challenging jurisdiction waives the defense of lack of personal jurisdiction . . . Continue reading Entering Appearance Without Challenging Jurisdiction Waives Defense of Lack of Personal Jurisdiction
On August 7, 2024, the Second Department issued a decision in Comito v. Z & N Enters. Corp., 2024 NY Slip Op. 04124, holding that by making a mortgage payment, a borrower revived the statute of limitations on a claim for failure to pay the mortgage . . . Continue reading Mortgage Payment Revived Statute of Limitations on Defaulted Mortgage
On August 7, 2024, the Second Department issued a decision in South Shore Estates, Inc. v. Guy Friedman Realty Corp., 2024 NY Slip Op. 04156, holding that a written contract for the sale of real estate nonetheless failed to satisfy the statute of frauds because it lacked material non-price terms . . . Continue reading Written Contract for Sale or Real Estate Fails to Satisfy Statute of Frauds Because it Lacked Material Non-Price Terms
On July 29, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Brighthill Capital, LLC v. Abrams, 2024 NY Slip Op. 32639(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed As Duplicative of Breach of Contract Claim
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in New Legend Debt by Meitav Dash L.P. v. Sam & Kate Prod., LLC, 2024 NY Slip Op. 32648(U), dismissing a claim for negligent misrepresentation for failure to allege a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Claim for Negligent Misrepresentation Dismissed for Failure to Allege Sufficiently Close Relationship Between the Parties
On July 10, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Jobar Holding Corp. v. Halio, 2024 NY Slip Op. 32650(U), holding that a new decision applying existing law is not a change in the law that can support a motion for renewal . . . Continue reading New Decision Applying Existing Law Not a Change Law Supporting Motion for Renewal
On July 8, 2024, Judge Patel of the New York County Commercial Division issued a decision in Charlier v. Agri-Fintech Holdings, Inc., 2024 NY Slip Op. 32645(U), denying a motion for default judgment for failure properly to serve the motion . . . Continue reading Inadequate Service Dooms Motion for Default Judgment
