That Plaintiff Was Aware of Potential Claim Before Bringing Suit No Bar to Later Moving to Amend to Add it
Commercial Case Notes / Court Rules and Procedures

That Plaintiff Was Aware of Potential Claim Before Bringing Suit No Bar to Later Moving to Amend to Add it

On June 5, 2025, Justice Chan of the New York County Commercial Division issued a decision in Baric Commons REO, LLC v. Gross, 2025 NY Slip Op. 32087(U), holding that a motion to amend to add a claim is not barred by the fact that the plaintiff was aware of the claim before it initiated the lawsuit . . . Continue reading That Plaintiff Was Aware of Potential Claim Before Bringing Suit No Bar to Later Moving to Amend to Add it

Statue of Frauds Bars Claim Based on Oral Agreement Not Capable of Performance in One Year, but Quasi-Contract Claims Survive
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Statue of Frauds Bars Claim Based on Oral Agreement Not Capable of Performance in One Year, but Quasi-Contract Claims Survive

On June 18, 2025, the Second Department issued a decision in Bardy v. Bonnem, 2025 NY Slip Op. 03698, holding that the statute of frauds barred a claim based on an oral agreement not capable of performance in one year, but allowing quasi-contract claims to survive . . . Continue reading Statue of Frauds Bars Claim Based on Oral Agreement Not Capable of Performance in One Year, but Quasi-Contract Claims Survive

Waiver Argument Fails for Lack of Evidence of Clear Manifestation of Intent to Relinquish a Known Right
Commercial Case Notes / Contracts

Waiver Argument Fails for Lack of Evidence of Clear Manifestation of Intent to Relinquish a Known Right

On June 17, 2025, the First Department issued a decision in Board of Mgrs. of the Alfred Condominium v. Miller, 2025 NY Slip Op. 03647, holding that a waiver argument failed for lack of evidence showing a clear manifestation of an intent to relinquish a known right . . . Continue reading Waiver Argument Fails for Lack of Evidence of Clear Manifestation of Intent to Relinquish a Known Right

Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service
Commercial Case Notes / Service of Process

Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service

On June 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Westchester Community Coll. v. Bekoe, 2025 NY Slip Op. 50937(U), holding that nail and mail service was ineffective when there was insufficient diligence in attempting personal service . . . Continue reading Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service

Summary Judgment in Lieu of Complaint Denied Where There Were Fact Issues Regarding Whether the Note Was in Default and Thus Accelerated
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Where There Were Fact Issues Regarding Whether the Note Was in Default and Thus Accelerated

On May 19, 2025, Justice Bannon of the New York County Commercial Division issued a decision in YA II PN, Ltd. v. Triller Group Inc., 2025 NY Slip Op. 31974(U), denying summary judgment in lieu of complaint where there were fact issues regarding whether a note was in default and thus accelerated . . . Continue reading Summary Judgment in Lieu of Complaint Denied Where There Were Fact Issues Regarding Whether the Note Was in Default and Thus Accelerated

Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership
Commercial Case Notes / Conversion/Trespass to Chattel / Declaratory Judgment / Statute of Limitation/Laches

Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership


On June 2, 2025, Justice Masley of the New York County Commercial Division issued a decision in Gammon Collection Inc. v. Athena Art Fin. Corp., 2025 NY Slip Op. 31945(U), holding that a claim for conversion did not accrue until the defendant was on notice of the plaintiff’s claim of ownership, notwithstanding the defendant’s failure to conduct due diligence regarding ownership . . . Continue reading Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership

Statute of Frauds Does Not Bar Oral Agreement to Provide Information Used to Facilitate Sales
Commercial Case Notes / Contracts

Statute of Frauds Does Not Bar Oral Agreement to Provide Information Used to Facilitate Sales

On May 23, 2025, Justice Patel of the New York County Commercial Division issued a decision in Essence Communications LLC v. Group Black Inc., 2025 NY Slip Op. 31934(U), holding that the Statute of Frauds, which bars oral agreements to assist in negotiating a business opportunity, does not apply to an oral agreement to provide information used to facilitate sales . . . Continue reading Statute of Frauds Does Not Bar Oral Agreement to Provide Information Used to Facilitate Sales

Party That Moved For Summary Judgment Before Discovery Was Complete Cannot Seek Renewal Based Upon Post-Motion Discovery
Commercial Case Notes / Reconsideration/Renewal/Reargument

Party That Moved For Summary Judgment Before Discovery Was Complete Cannot Seek Renewal Based Upon Post-Motion Discovery

On June 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Cullinan v. New York Univ., 2025 NY Slip Op. 50945(U), holding that where a party moved for summary judgment before discovery was complete, it cannot seek renewal based on post-motion discovery . . . Continue reading Party That Moved For Summary Judgment Before Discovery Was Complete Cannot Seek Renewal Based Upon Post-Motion Discovery