Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
Two new judges have been assigned to the New York County Commercial Division: Hon. Anar Rathod Patel is now assigned to Part 45 and will assume a new inventory of Continue reading Two New Judges Assigned to the New York County Commercial Division
On February 28, 2024, the Second Department issued a decision in Christiana Trust v. Victor, 2024 NY Slip Op. 00994, holding that the service of an answer waived a defendant’s entitlement to dismissal for failure to prosecute . . . Continue reading Service of Answer Waived Entitlement to Dismissal for Failure to Prosecute
On February 28, 2024, the Second Department issued a decision in Contract Pharmacal Corp. v. Air Indus. Group, 2024 NY Slip Op. 00995, holding that a plaintiff cannot sue for both contract damages and anticipatory breach . . . Continue reading Plaintiff Cannot Sue for Both Contract Damages and Anticipatory Breach
On February 28, 2024, the Second Department issued a decision in Keller-Wala v. Coello, 2024 NY Slip Op. 01004, holding that an agreement was not a binding contract because of a lack of consideration . . . Continue reading Agreement Not a Binding Contact Because of Lack of Consideration
On February 29, 2024, the First Department issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2024 NY Slip Op. 01112, analyzing conspiracy jurisdiction . . . Continue reading Decision Analyzes Conspiracy Jurisdiction
On February 27, 2024, the First Department issued a decision in NGM Mgt. Group, LLC v. Bareburger Group, LLC, 2024 NY Slip Op. 00979, enforcing a liquidated damages clause . . . Continue reading Court Enforces Liquidated Damages Clause
On February 27, 2024, the First Department issued a decision in Shaoul v. Komolov, 2024 NY Slip Op. 00989, holding that a party in privity with the parties in a prior action was barred by res judicata from relitigating issues decided in that action . . . Continue reading Party in Privity With Parties in Prior Action Barred from Relitigating Issues
On February 27, 2024, the First Department issued a decision in SSC NY Corp. v. Computershare Inc., 2024 NY Slip Op. 00991, holding that a DCL 276 fraudulent conveyance claim failed for insufficient allegations of fraud . . . Continue reading DCL 276 Fraudulent Conveyance Claim Fails for Insufficient Allegations of Fraud
On February 15, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zomongo.TV USA Inc. v. Capital Advance Servs., LLC, 2024 NY Slip Op. 30508(U), refusing to disqualify counsel because of insufficient similarity of past and current engagements . . . Continue reading Court Refuses to Disqualify Counsel Because of Insufficient Similarity of Past and Current Engagements
On February 20, 2024, Justice Whelan of the Suffolk County Commercial Division issued a decision in GEM Funding, LLC v. Z-Rite Plumbing & Heating Corp., 2024 NY Slip Op. 50171(U), holding that the usury laws do not apply to merchant cash advance agreements . . . Continue reading Usury Laws Do Not Apply to Merchant Cash Advance
