Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On May 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Isaac Hersko Revocable Trust v. Weisel, 2024 NY Slip Op. 31717(U), holding that an account holder does not have standing to challenge a subpoena for bank records . . . Continue reading Account Holder Does Not Have Standing to Challenge Subpoena for Bank Records
On May 22, 2024, the Second Department issued a decision in US Bank, N.A. v. Knight, 2024 NY Slip Op. 02837, holding that the denial of receipt of service without specific facts insufficient to overcome the presumptive validity of and affidavit of service . . . Continue reading Denial of Receipt of Service Without Specific Facts Insufficient to Overcome Presumptive Validity of Affidavit of Service
On May 22, 2024, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Welsh, 2024 NY Slip Op. 02838, holding that absent substitution, a successor in interest can only participate in an action under the name of its predecessor’s name . . . Continue reading Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name
On May 23, 2024, the First Department issued a decision in Kataman Metals LLC v. Macquarie Futures USA, LLC, 2024 NY Slip Op. 02869, holding that a modification to a contract does not require new consideration . . . Continue reading Contract Modification Does Not Require New Consideration
On May 21, 2024, the First Department issued a decision in Clover Private Credit Opportunities Origination (Levered) II, L.P. v. Sanberg, 2024 NY Slip Op. 02774, holding that questions of fact precluded judgment on reasonableness of foreclosure sale . . . Continue reading Questions of Fact Precluded Judgment on Reasonableness of Foreclosure Sale
On May 23, 2024, the Court of Appeals issued a decision in Eccles v. Shamrock Capital Advisors, LLC, 2024 NY Slip Op. 02841, holding that the substantive law of a company’s place of incorporation presumptively applies to causes of action arising from its internal affairs . . . Continue reading Substantive Law of Company’s Place of Incorporation Presumptively Applies to Claims Arising from its Internal Affairs
On May 10, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Idi v. Sela, 2024 NY Slip Op. 31679(U), holding that an accounting claim based on a breach of fiduciary duty has a three-year limitations period . . . Continue reading Accounting Claim Based on Breach of Fiduciary Duty Has Three-Year Limitations Period
On May 15, 2024, the Second Department issued a decision in Wang v. IV – CVCF NEB REO, LLC, 2024 NY Slip Op. 02722, holding that a short delay in serving an answer due to law office failure was sufficient excuse to avoid a default judgment . . . Continue reading Short Delay in Filing Answer Due to Law Office Failure Sufficient Excuse to Avoid Default
On May 14, 2024, the First Department issued a decision in Aronson Mayefsky & Sloan, LLP v. Praeger, 2024 NY Slip Op. 02657, holding that a law firm is allowed to bring both breach of contract and account stated claims regarding unpaid bills . . . Continue reading Law Firm Allowed to Bring Both Contract and Account Stated Claims Regarding Unpaid Bills
On May 16, 2024, the First Department issued a decision in Taxi Tours Inc. v. Go N.Y. Tours Inc., 2024 NY Slip Op. 02760, holding that an expert witness properly was excluded from testifying because of the expert’s failure to turn over all the data that was the basis for the expert’s decision . . . Continue reading Expert Precluded for Failure to Turn Over All Material Relied Upon
