Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear
Commercial Case Notes / Service of Process / Summary Judgment

Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear

On July 23, 2024, Justice Chan of the New York Commercial Division issued a decision in SD Stability SDIRA, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 32556(U), holding that the return date for a motion for summary judgment in lieu of complaint must be after the defendant’s time to appear . . . Continue reading Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear

Buyer Who Had No Reason to Think Deed Was Not Valid Was Good Faith Purchaser
Commercial Case Notes / Real Property

Buyer Who Had No Reason to Think Deed Was Not Valid Was Good Faith Purchaser

On July 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Pfanner v. Anderson, 2024 NY Slip Op. 32576(U), holding that a buyer who had no reason to think a deed was not valid was a good faith purchaser and was entitled to possession of the property . . . Continue reading Buyer Who Had No Reason to Think Deed Was Not Valid Was Good Faith Purchaser

Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action
Choice of Forum/Forum Non Conveniens / Commercial Case Notes

Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action

On July 23, 2024, Justice Masley of the New York County Commercial Division issued a decision in Feld v. Viceroy Devices Corp., 2024 NY Slip Op. 32583(U), holding that a defendant waived the right to rely on a forum selection clause by participating in an action . . . Continue reading Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action

Unjust Enrichment Claim Cannot Be Based on Damages Arising from Rights Under Contract
Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Unjust Enrichment Claim Cannot Be Based on Damages Arising from Rights Under Contract

On July 23, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Supplybit, LLC v. Standard Power Hosting Infra Co., LLC, 2024 NY Slip Op. 32613(U), holding that an unjust enrichment claim cannot be based on damages arising from rights under a contract . . . Continue reading Unjust Enrichment Claim Cannot Be Based on Damages Arising from Rights Under Contract