Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 24, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Waterview Condominium LLC v. Indig, 2024 NY Slip Op. 33366(U), holding that an unincorporated corporation’s failure to sue through a representative was a curable error . . . Continue reading Unincorporated Corporation’s Failure to Sue Through a Representative Curable Error
On September 19, 2024, Justice Reed of the New York County Commercial Division issued a decision in Sumec Textile & Light Indus. Co., Ltd. v. Zee Co. Apparel Corp., 2024 NY Slip Op. 51306(U), requiring a foreign plaintiff to come to New York to be deposed . . . Continue reading Foreign Plaintiff Required to Come to New York for Deposition
On September 27, 2024, the Fourth Department issued a decision in Counsel Fin. Holdings LLC v. Sullivan Law, L.L.C., 2024 NY Slip Op. 04697, holding that a judge other than the one that issued a decision can decide a motion for reargument if the issuing judge is unavailable . . . Continue reading Motion for Reargument May Be Made By Judge That Did Not Issue Order if Issuing Judge Unavailable
On September 25, 2024, the Second Department issued a decision in Joseph v. Rassi, 2024 NY Slip Op. 04548, holding that a party may not unilaterally elect to use a categorical privilege log . . . Continue reading Party May Not Unilaterally Elect to Use a Categorical Privilege Log
On September 24, 2024, the First Department issued a decision in 4CS Ltd v. Kahiri Diamonds Ltd, 2024 NY Slip Op. 04513, holding that ongoing settlement negotiations were an insufficient Continue reading Ongoing Settlement Negotiations Insufficient Excuse for Failure to Answer
On September 26, 2024, the First Department issued a decision in TH Fashion Ltd. v. Vince Holding Corp., 2024 NY Slip Op. 04630, holding that offering to assist in getting invoices paid did not give rise to an account stated claim . . . Continue reading Offering to Assist in Getting Invoices Paid Does Not Give Rise to an Account Stated Claim
On September 26, 2024, the First Department issued a decision in Murray v. Stone, 2024 NY Slip Op. 04611, holding that injury from a commercial tort occurs where the misconduct occurred, not where the economic loss occurred . . . Continue reading Injury from Commercial Tort Occurs Where Misconduct Occurs, Not Where Loss Occurs
On September 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Tareb v. 65th St., LLC, 2024 NY Slip Op. 33214(U), holding that a merger clause barred a claim based on an alleged oral agreement . . . Continue reading Merger Clause Bars Claim Based on Alleged Oral Agreement
On September 12, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Sojka v. Eisenman, 2024 NY Slip Op. 33212(U), quashing a subpoena because it was intended to determine if evidence existed rather than to obtain evidence . . . Continue reading Subpoena May Not Be Used to Determine if Evidence Exists
On September 16, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SLG 810 Seventh Lessee LLC v. Tydel Holding Corp., 2024 NY Slip Op, 33238(U), holding that the scope of an arbitrator’s power is determined by the agreement to arbitrate, not the initial statement of claim . . . Continue reading Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim
