Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On June 18, 2024, Justice Chan of the New York County Commercial Division issued a decision in United Acquisition Corp. v. MedCap Growth Equity Fund I, LP, 2024 NY Slip Op. 32115(U), holding that fraudulent inducement claims did not invalidate a contract’s forum selection clause . . . Continue reading Fraudulent Inducement Claims Do Not Invalidate Forum Selection Clause
On June 17, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Manna Capital Solutions LLC v. W & D Consultants Corp., 2024 NY Slip Op. 32061(U), holding that a side letter granting a lender part ownership of the borrower did not make the related loan usurious . . . Continue reading Side Letter Granting Lender Part Ownership of the Borrower Did Not Make the Related Loan Usurious
On June 26, 2024, the Second Department issued a decision in MTGLQ Invs., L.P. v. Daleo, 2024 NY Slip Op. 03477, holding that an affidavit submitted to prove non-payment of a loan must include the business records upon which the affidavit is based . . . Continue reading Affidavit Submitted to Prove Non-Payment of Loan Must Include Business Records Upon Which the Affidavit is Based
On June 25, 2024, the First Department issued a decision in Mazzone v. Alonso, Andalkar & Facher, P.C., 2024 NY Slip Op. 03462, affirming the dismissal of a post-note of issue subpoena seeking discovery . . . Continue reading Trial Subpoena Seeking Post-Note of Issue Discovery Quashed
On June 18, 2024, the First Department issued a decision in Fuks v. Rakia Assocs., 2024 NY Slip Op. 03327, decreasing an attorneys’ fees award because of, among other things, the use of block billing . . . Continue reading Attorneys’ Fees Award Cut Due to Block Billing
On June 18, 2024, the First Department issued a decision in EXRP 14 Holdings LLC v. LS-14 Ave LLC, 2024 NY Slip Op. 03325, holding that a contract’s merger clause barred a claim based on an alleged oral agreement . . . Continue reading Contract’s Merger Clause Barred Claim Based on Alleged Oral Agreement
On June 18, 2024, the First Department issued a decision in AMK Capital Corp. v. Plotch, 2024 NY Slip Op. 03324, holding that
CPLR 308(2)’s restrictions prohibiting the inclusion of information indicating that a communication is from an attorney or concerns an action against the person to be served on an envelope in which process is mailed to a place of business apply when the mailing address serves both as a defendant’s residence and place of business do not apply . . . Continue reading Where Work and Home Addresses are the Same, CPLR 308 Prohibition on Indicating That Contents Relate to Lawsuit Does Not Apply
On June 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Cityview Partners, LLC v. Lucas, 2024 NY Slip Op. 32011(U), holding that a motion to dismiss directed to the substance of the plaintiff’s claims could not be made when only a Summons with Notice had been filed . . . Continue reading Motion to Dismiss Cannot be Directed to the Substance Claims in a Summons with Notice
On June 11, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Royalty Coffee Beans LLC v. H&H Coffee Group Export Corp., 2024 NY Slip Op. 32016(U), holding that an arbitral award was not indefinite simply because it did not explain its reasoning . . . Continue reading Arbitral Award Not Indefinite Simply Because it Does Not Explain Reasoning for Decision
On June 11, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Manhattan Real Estate Fund, LP v. Paz, 2024 NY Slip Op. 32017(U), denying a motion for summary judgment in lieu of complaint on a guaranty because the guaranty covered both payment and performance . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Guaranty Covered Both Payment and Performance
