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

Alter Ego Found Where Defendant Did Not Maintain Separate Accounts or Observe Corporate Formalities
Commercial Case Notes / Veil Piercing/Alter Ego

Alter Ego Found Where Defendant Did Not Maintain Separate Accounts or Observe Corporate Formalities

On June 12, 2025, the First Department issued a decision in Yang v. Knights Genesis Group, 2025 NY Slip Op. 03641, upholding alter ego liability when the defendant did not maintain separate accounts or observe corporate formalities . . . Continue reading Alter Ego Found Where Defendant Did Not Maintain Separate Accounts or Observe Corporate Formalities

Allegations Regarding the Existence of a Joint Venture Fail for Lack of Agreement to Share Both Profits and Losses
Commercial Case Notes / Partnerships

Allegations Regarding the Existence of a Joint Venture Fail for Lack of Agreement to Share Both Profits and Losses

On June 4, 2025, the Second Department issued a decision in IPA Asset Mgt., LLC v. Schuman, 2025 NY Slip Op. 03314, dismissing claims based on the existence of a joint venture for lack of allegations of an agreement to share both profits and losses . . . Continue reading Allegations Regarding the Existence of a Joint Venture Fail for Lack of Agreement to Share Both Profits and Losses

Suit Where the Main Parties on Both Sides are Foreign Residents Dismissed on Forum Non Conveniens Grounds
Choice of Forum/Forum Non Conveniens / Commercial Case Notes

Suit Where the Main Parties on Both Sides are Foreign Residents Dismissed on Forum Non Conveniens Grounds

On June 3, 2025, the First Department issued a decision in Zhakiyanov v. Ogai, 2025 NY Slip Op. 03294, affirming the dismissal of a suit on forum non conveniens grounds when the main parties on both sides were foreign residents . . . Continue reading Suit Where the Main Parties on Both Sides are Foreign Residents Dismissed on Forum Non Conveniens Grounds