Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On December 28, 2022, Justice Schecter of the New York County Commercial Division issued a decision in Hall v. Middleton, 2022 NY Slip Op. 34418(U), awarding punitive damages on a breach of fiduciary duty claim . . . Continue reading Court Awards Punitive Damages on Breach of Fiduciary Duty Claim
On January 5, 2023, Justice Reed of the New York County Commercial Division issued a decision in Ankura Trust Co., LLC v. A & L 444 LLC, 2023 NY Slip Op. 50014(U), granting a motion to withdraw as counsel based on non-payment of fees . . . Continue reading Court Grants Motion to Withdraw Based on Failure to Pay Fees
On January 3, 2023, Justice Reed of the New York County Commercial Division issued a decision in Deutsche Bank Sec. Inc. v. 683 Capital Partners LP, 2023 NY Slip Op. 50002(U), granting additional time to serve in the interests of justice despite failure to prove due diligence . . . Continue reading Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence
On January 3, 2023, Justice Reed of the New York County Commercial Division issued a decision in Ardel Constr. & Design Group, Corp. v. VBG 990 AOA LLC, 2023 NY Slip Op. 50003(U), denying a motion to extend time to serve because of the plaintiff’s failure to diligently attempt to serve within the 120 days set by statute . . . Continue reading Court Denies Extra Time for Service Based on Lack of Diligence
On January 5, 2023, the First Department issued a decision in Golobe v. Altchek, 2023 NY Slip Op. 00031, affirming a grant of ownership by adverse possession . . . Continue reading Party Granted Ownership of Property Through Adverse Possession
On November 30, 2022, Justice Chan of the New York County Commercial Division issued a decision in Charles Condominiums, LLC v. Victor RPM First, LLC, 2022 NY Slip Op. 34067(U), holding that a court may dismiss claims based on a prior pending action even when the legal theories are not identical . . . Continue reading Court May Dismiss Based on a Prior Pending Action Even When the Legal Theories are not Identical
On December 20, 2022, Justice Chan of the New York County Commercial Division issued a decision in Gad v. Kramer Levin Naftalis & Frankel, LLP, 2022 NY Slip Op. 34357(U), dismissing a legal malpractice claim for failure adequately to allege causation . . . Continue reading Legal Malpractice Claim Fails for Insufficient Allegations of Causation
On December 19, 2022, Justice Chan of the New York County Commercial Division issued a decision in MLCJR, LLC v. PDP Group, Inc., 2022 NY Slip Op. 34345(U), holding that even when a contract grants a party absolute discretion, that discretion may not be exercised arbitrarily or irrationally . . . Continue reading Even When Contract Grants Party Absolute Discretion, That Discretion May not be Exercised Arbitrarily or Irrationally
On December 22, 2022, Justice Reed of the New York County Commercial Division issued a decision in J.P. Morgan Ventures Energy Corp. v. Miami Wind I, LLC, 2022 NY Slip Op. 51308(U), holding that financial hardship was no excuse for failing to perform a contract . . . Continue reading Financial Hardship is No Justification for Breaching Contract
On December 28, 2022, the Second Department issued a decision in Deutsche Bank Trust Co. Ams. v. Smith, 2022 NY Slip Op. 07436, holding that where a plaintiff unreasonably fails to move for default judgment within a year of the default, the action must be dismissed . . . Continue reading Action Dismissed for Failure Timely to Move for Default Judgment
