Conversion Claim Seeking Same Damages as Contract Claim Dismissed as Duplicative
Commercial Case Notes / Conversion/Trespass to Chattel

Conversion Claim Seeking Same Damages as Contract Claim Dismissed as Duplicative

On July 1, 2025, Justice Chan of the New York County Commercial Division issued a decision in GSP Merrimack LLC v. Javelin Global Commodities (UK) Ltd., 2025 NY Slip Op. 32421(U), dismissing a conversion claim because, among other reasons, it sought the same damages as a breach of contract claim . . . Continue reading Conversion Claim Seeking Same Damages as Contract Claim Dismissed as Duplicative

Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment
Commercial Case Notes / Summary Judgment

Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment

On July 16, 2025, the Second Department issued a decision in Queens Syndicate Co. v. Daniarov, 2025 NY Slip Op. 04196, holding that the mere possibility that discovery could disclose favorable evidence is an insufficient basis to oppose a motion for summary judgment . . . Continue reading Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment

Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract
Commercial Case Notes / Fraud/Misrepresentation

Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract

On July 3, 2025, Justice Chan of the New York County Commercial Division issued a decision in Wilburger v. Ava Labs, Inc., 2025 NY Slip Op. 51072(U), refusing to dismiss a fraudulent inducement claim even though the alleged inducement was contradicted by the parties’ contract . . . Continue reading Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract

Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it

On July 1, 2025, the First Department issued a decision in Xinni Zhang v. Chu, 2025 NY Slip Op. 03988, holding that a losing party should have been given an opportunity to challenge that calculation of the fee award against it . . . Continue reading Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it

Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party
Commercial Case Notes / Discovery/Disclosure

Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party

On July 1, 2025, the First Department issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 03968, holding that a non-party was entitled to recover its expenses in responding to a subpoena even though it later became a party . . . Continue reading Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party