Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On November 6, 2024, the Second Department issued a decision in Provident Bank v. Maze Condos, LLC, 2024 NY Slip Op. 05465, holding that a financial statement was not documentary evidence sufficient to support a motion to dismiss under CPLR 3211(a)(1) . . . Continue reading Financial Statement Not Documentary Evidence Supporting Motion to Dismiss
On November 6, 2024, the Second Department issued a decision in Anthony Ambrosio Irrevocable Legacy Trust Dated July 11, 2011 v. Kamal Servs., LLC, 2024 NY Slip Op. 05429, holding that specific evidence of law office failure justified vacating a default judgment . . . Continue reading Specific Evidence of Law Office Failure Justified Vacating Default
On October 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Lateral Inv. Mgt., LLC v. Marcum, LLP, 2024 NY Slip Op. 33865(U), rejecting an attempt to assert a commercial bad faith claim against an auditor . . . Continue reading Court Rejects Attempt to Assert Commercial Bad Faith Claim Against Auditor
On October 29, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Roytman v. Gluzman, 2024 NY Slip Op. 33870(U), declining to dismiss a breach of contract claim even though no damages were alleged . . . Continue reading Court Declines to Dismiss Contract Claim Even Though No Damages Were Alleged
On October 23, 2024, Justice Patel of the New York County Commercial Division issued a decision in KTB CRE Debt Fund No. 11 v. Rosen, 2024 NY Slip Op. 33784(U), holding that an unconditional guaranty barred defendants from raising defenses . . . Continue reading Unconditional Guaranty Bars Defendant from Raising Defenses
On October 15, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Arlus Owner LLC v. 829 Mad. Ave. LLC, 2024 NY Slip Op. 33788(U), refusing to consolidate actions with disparate claims . . . Continue reading Court Refuses to Consolidate Actions with Disparate Claims
On October 18, 2024, Justice Chan of the New York County Commercial Division issued a decision in Saviano v. RTX Holdings, Inc., 2024 NY Slip Op. 33789(U), holding that the statute of frauds did not bar an alleged oral employment agreement . . . Continue reading Statute of Frauds Did Not Bar Alleged Oral Employment Agreement
On October 23, 2024, Justice Chan of the New York County Commercial Division issued a decision in Vaster Sub II, LLC v. Safdieh, 2024 NY Slip Op. 33808(U), holding that a guaranty covering both payment and performance was not an instrument for payment of money only for purposes of a motion for summary judgment in lieu of complaint . . . Continue reading Guaranty Covering Both Payment and Performance Not Instrument for Payment of Money Only for CPLR 3213 Purposes
On October 23, 2024, Justice Chan of the New York County Commercial Division issued a decision in Woodcock Capital LLC v. Schildr Inc., 2024 NY Slip Op. 33809(U), dismissing counterclaims in favor a claims in an earlier-filed action . . . Continue reading Counterclaims Dismissed in Favor of Claims in an Earlier-Filed Action
On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in SNCO Cap LLC v. Kaufman, 2024 NY Slip Op. 33816(U), holding that confusion over the capacity in which a person was served was not a reasonable excuse justifying vacating a default judgment . . . Continue reading Confusion Over the Capacity in Which a Person Was Served Not a Reasonable Excuse Justifying Vacating Default
