Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed As Duplicative of Breach of Contract Claim
Commercial Case Notes / Contracts

Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed As Duplicative of Breach of Contract Claim

On July 29, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Brighthill Capital, LLC v. Abrams, 2024 NY Slip Op. 32639(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed As Duplicative of Breach of Contract Claim

Claim for Negligent Misrepresentation Dismissed for Failure to Allege Sufficiently Close Relationship Between the Parties
Commercial Case Notes / Fraud/Misrepresentation

Claim for Negligent Misrepresentation Dismissed for Failure to Allege Sufficiently Close Relationship Between the Parties

On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in New Legend Debt by Meitav Dash L.P. v. Sam & Kate Prod., LLC, 2024 NY Slip Op. 32648(U), dismissing a claim for negligent misrepresentation for failure to allege a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Claim for Negligent Misrepresentation Dismissed for Failure to Allege Sufficiently Close Relationship Between the Parties

New Decision Applying Existing Law Not a Change Law Supporting Motion for Renewal
Commercial Case Notes / Reconsideration/Renewal/Reargument

New Decision Applying Existing Law Not a Change Law Supporting Motion for Renewal

On July 10, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Jobar Holding Corp. v. Halio, 2024 NY Slip Op. 32650(U), holding that a new decision applying existing law is not a change in the law that can support a motion for renewal . . . Continue reading New Decision Applying Existing Law Not a Change Law Supporting Motion for Renewal

Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear
Commercial Case Notes / Service of Process / Summary Judgment

Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear

On July 23, 2024, Justice Chan of the New York Commercial Division issued a decision in SD Stability SDIRA, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 32556(U), holding that the return date for a motion for summary judgment in lieu of complaint must be after the defendant’s time to appear . . . Continue reading Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear

Buyer Who Had No Reason to Think Deed Was Not Valid Was Good Faith Purchaser
Commercial Case Notes / Real Property

Buyer Who Had No Reason to Think Deed Was Not Valid Was Good Faith Purchaser

On July 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Pfanner v. Anderson, 2024 NY Slip Op. 32576(U), holding that a buyer who had no reason to think a deed was not valid was a good faith purchaser and was entitled to possession of the property . . . Continue reading Buyer Who Had No Reason to Think Deed Was Not Valid Was Good Faith Purchaser

Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action
Choice of Forum/Forum Non Conveniens / Commercial Case Notes

Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action

On July 23, 2024, Justice Masley of the New York County Commercial Division issued a decision in Feld v. Viceroy Devices Corp., 2024 NY Slip Op. 32583(U), holding that a defendant waived the right to rely on a forum selection clause by participating in an action . . . Continue reading Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action