Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On December 5, 2024, the First Department issued a decision in Valkyrie AI LLC v. PriceWaterhouseCoopers LLP, 2024 NY Slip Op. 06141, holding that an existing contract, without more, was an insufficient basis for alleging a prospective business relationship . . . Continue reading Existing Contract, Without More, Insufficient Basis for Alleging Prospective Business Relationship
On November 18, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Brownell v. JSD Fund II, LLC, 2024 NY Slip Op. 34093(U), entering a default judgment against an LLC that attempted to appear pro se . . . Continue reading Default Judgment Entered Against LLC That Attempted to Appear Pro Se
On November 19, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in OTR Media Group, Inc. v. Vizible Media Group, LLC, 2024 NY Slip Op. 34117(U), rejecting the application of the continuing wrong doctrine and dismissing claims as untimely . . . Continue reading Continuing Wrong Doctrine Did Not Apply to Make Claims Timely
On November 25, 2024, Justice Patel of the New York County Commercial Division issued a decision in OCFBrook Holdings, LLC v. TKS Brooklyn Ctr. Holding, LLC, 2024 NY Slip Op. 51611(U), holding that bringing a lawsuit in New York is not doing business here for purposes of LLC Law 802 and 808 or BCL 1312 . . . Continue reading Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312
On November 26, 2024, the First Department issued a decision in P1 Fin. v. Evergreen Bldrs. & Constr. Servs., Inc., 2024 NY Slip Op. 05897, holding that a motion for summary judgment in lieu of complaint cannot be based on a conditional agreement to pay . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Cannot be Based on Conditional Agreement to Pay
On November 26, 2024, the First Department issued a decision in Xiaoyan Lu v. Sagewood SFF III LLC, 2024 NY Slip Op. 05895, holding that a plaintiff was entitled to judgment based on tax estoppel . . . Continue reading Plaintiff Entitled to Judgment Based on Tax Estoppel
On November 25, 2024, the Court of Appeals issued a decision in Knight v. New York & Presbyt. Hosp., 2024 NY Slip Op. 05870, holding that the authenticity of a contract may be established by circumstantial evidence . . . Continue reading Authenticity of Contract May be Established by Circumstantial Evidence
On November 25, 2024, the Court of Appeals issued a decision in Ruisech v. Structure Tone Inc., 2024 NY Slip Op. 05866, holding that service of a Notice of Entry through NYSCEF on the trial court’s docket starts the time to move in response to an Appellate Division order . . . Continue reading Service of a Notice of Entry Through NYSCEF on Trial Court’s Docket Starts the Time to Move in Response to an Appellate Division Order
On November 25, 2024, the Court of Appeals issued a decision in Wu v. Uber Tech., Inc., 2024 NY Slip Op 05869, holding that whether a click-wrap agreement subjecting a claim already being litigated to arbitration is unenforceable is a question for the arbitrator . . . Continue reading Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator
On November 26, 2024, the Court of Appeals issued a decision in Farage v. Associated Ins. Mgt. Corp., 2024 NY Slip Op. 05875, holding that a claim should be dismissed as untimely because the plaintiff failed adequately to allege that a contractual limitations period was unreasonable . . . Continue reading Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable
