Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable
Commercial Case Notes / Statute of Limitation/Laches

Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable

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

Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim
Commercial Case Notes / Contracts

Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim

On November 19, 2024, the First Department issued a decision in Starr Indem. & Liab. Co. v. Monte Carlo, LLC, 2024 NY Slip Op. 05779, holding that a counterclaim for breach of the implied covenant of good faith and fair dealing was not duplicative of a breach of contract counterclaim because it sought different damages . . . Continue reading Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim

Where Corporation’s Operating Agreement Required Shareholder Consent to Take Legal Action, Shareholder Could Block it From Answering Lawsuit by that Shareholder Against the Corporation
Commercial Case Notes / Corporations

Where Corporation’s Operating Agreement Required Shareholder Consent to Take Legal Action, Shareholder Could Block it From Answering Lawsuit by that Shareholder Against the Corporation

On November 6, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 2351 Bedford Holding, LLC v. Flatbush Funding LLC, 2024 NY Slip Op. 33984(U), holding that where an operating agreement required majority consent of the shareholders to take legal action, a shareholder could block the corporation for answering a lawsuit brought by that shareholder against the corporation . . . Continue reading Where Corporation’s Operating Agreement Required Shareholder Consent to Take Legal Action, Shareholder Could Block it From Answering Lawsuit by that Shareholder Against the Corporation

Defendant’s Affidavit Showing That She Did Not Live at Address Where Service Was Made Requires Hearing on Service
Commercial Case Notes / Service of Process

Defendant’s Affidavit Showing That She Did Not Live at Address Where Service Was Made Requires Hearing on Service

On November 13, 2024, the Second Department issued a decision in U.S. Bank N.A. v. Henry, 2024 NY Slip Op. 05555, holding that a defendant’s affidavit showing that she did not live at the address where service was made required a traverse hearing on service . . . Continue reading Defendant’s Affidavit Showing That She Did Not Live at Address Where Service Was Made Requires Hearing on Service