Absence of Evidence of Payment in Business Records is Sufficient Evidence of Non-Payment

Absence of Evidence of Payment in Business Records is Sufficient Evidence of Non-Payment

On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Bates Holdings II LLC v. ZB Prospect Realty, LLC, 2024 NY Slip Op. 34366(U), holding that the absence of evidence of payment in business records is sufficient evidence of non-payment . . . Continue reading Absence of Evidence of Payment in Business Records is Sufficient Evidence of Non-Payment

Dispute Over the Distribution of Revenue Does Not Justify the Appointment of a Receiver

Dispute Over the Distribution of Revenue Does Not Justify the Appointment of a Receiver

On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Pesochinsky v. Gurariy, 2024 NY Slip Op. 34371(U), holding that a dispute over the distribution of revenue did not justify the appointment of a receiver . . . Continue reading Dispute Over the Distribution of Revenue Does Not Justify the Appointment of a Receiver

Party Not Entitled to Injunction Because Money Damages Would Provide an Adequate Recovery

Party Not Entitled to Injunction Because Money Damages Would Provide an Adequate Recovery

On December 11, 2024, Justice Chan of the New York County Commercial Division issued a decision in Metcalf v. Safirstein Metcalf, LLP, 2024 NY Slip Op. 34381(U), denying a motion for a preliminary injunction because the plaintiff was seeking money damages, even though the funds sought were in an escrow account . . . Continue reading Party Not Entitled to Injunction Because Money Damages Would Provide an Adequate Recovery

Fiduciary Exception to Attorney-Client Privilege Does Not Apply When Fiduciary Duties Have Been Waived

Fiduciary Exception to Attorney-Client Privilege Does Not Apply When Fiduciary Duties Have Been Waived

On December 12, 2024, Justice Cohen of the New York County Commercial Division issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC, 2024 NY Slip Op. 34400(U), holding that the fiduciary exception to attorney-client privilege does not apply when fiduciary duties have been waived . . . Continue reading Fiduciary Exception to Attorney-Client Privilege Does Not Apply When Fiduciary Duties Have Been Waived

Summary Judgment on Quantum Valebant Claim Denied Due to Questions of Fact Regarding Value of Goods Sold

Summary Judgment on Quantum Valebant Claim Denied Due to Questions of Fact Regarding Value of Goods Sold

On December 9, 2024, Justice Crane of the New York County Commercial Division issued a decision in GoGreen Diamonds Inc. v. Quantum Jewelry LLC, 2024 NY Slip Op. 34431(U), denying a motion for summary judgment on a quantum valebant claim because there were questions of fact regarding the value of the goods sold . . . Continue reading Summary Judgment on Quantum Valebant Claim Denied Due to Questions of Fact Regarding Value of Goods Sold

Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits

Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits

On December 11, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Cyprium Therapeutics, Inc. v. Curia Global, Inc., 2024 NY Slip Op. 51698(U), holding that whether a party can recover on an injunction undertaking is determined by the final decision on the merits . . . Continue reading Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits