Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On June 14, 2024, the Fourth Department issued a decision in Buffalo Biodiesel, Inc. v. Blue Bridge Fin., LLC, 2024 NY Slip Op. 03259, affirming the dismissal of a complaint as a discovery sanction for failing to suspend automatic e-mail deletion . . . Continue reading Plaintiff’s Complaint Struck as Sanction for Failing to Preserve E-Mails
On June 13, 2024, the First Department issued a decision in Allen v. Zizzi Constr. Corp., 2024 NY Slip Op. 03226, holding that a defect in standing could be cured by a post-filing assignment of claims . . . Continue reading Standing Defect Cured by Post-Filing Assignment of Claims
On June 12, 2024, the Second Department issued a decision in NJCC-NYS Community Restoration Fund, LLC v. Ruiz, 2024 NY Slip Op. 03181, holding that a Notice of Pendency can only be filed in connection with a lawsuit . . . Continue reading Notice of Pendency Must be Filed in Connection With a Lawsuit
On June 12, 2024, the Second Department issued a decision in Nofal v. Yousef, 2024 NY Slip Op. 03182, holding that a defamation claim failed for lack of detailed allegations . . . Continue reading Defamation Claim Dismissed for Lack of Detailed Allegations
On June 11, 2024, the First Department issued a decision in Brevet Direct Lending Short Duration Fund, L.P. v. Aprio LLP, 2024 NY Slip Op. 03128, holding that a contract term limiting liability to gross negligence requires intentional wrongdoing or reckless indifference to the rights of others . . . Continue reading Contractual Liability Limitation Requiring Gross Negligence Requires Intentional Wrongdoing or Reckless Indifference
On May 29, 2024, Justice Masley of the New York County Commercial Division issued a decision in Gramercy Funds Mgt. LLC v. Schlumberger N.V., 2024 NY Slip Op. 31855(U), holding that a complaint had sufficiently alleged that a corporate parent that negotiated an agreement on behalf of a subsidiary was bound by the agreement . . . Continue reading Corporate Parent that Negotiated Agreement on Behalf of Subsidiary Can Be Bound by the Agreement
On May 26, 2024, Justice Masley of the New York County Commercial Division issued a decision in Burman v. Burman, 2024 NY Slip Op. 31856(U), holding that the location of counsel and witnesses was an insufficient basis for venue . . . Continue reading Location of Counsel and Witnesses Insufficient Basis for Venue
On May 14, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Matter of Ruham, 2024 NY Slip Op. 31863(U), holding that a complete breakdown in the relationship between two LLC members did not justify dissolving the LLC . . . Continue reading Breakdown in LLC Members’ Relationship Does Not Justify Dissolution
On June 2, 2024, Justice Masley of the New York County Commercial Division issued a decision in Grosso v. Cy Twombly Found., 2024 NY Slip Op. 31905(U), holding that a fraud claim was untimely because of the plaintiff’s failure to sue within two years of being on inquiry notice of the possible fraud . . . Continue reading Fraud Claim Time-Barred Because of Plaintiff’s Failure to Sue Within Two Years of Being on Inquiry Notice of Possible Fraud
On June 6, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Bennigson v. Solomon R. Guggenheim Found., 2024 NY Slip Op. 24164, holding that claims relating to stolen artwork were barred by laches even though they were not barred by the statute of limitations under the federal Holocaust Expropriated Art Recovery Act . . . Continue reading Claim Related to Stolen Artwork Barred by Laches Even Though Timely Under Statute of Limitations
