Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On February 22, 2024, the Third Department issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2024 NY Slip Op. 00955, holding that a trial court erred in not explaining the basis for the amount of an undertaking imposed in connection with an injunction . . . Continue reading Trial Court Erred in Not Explaining Basis for Amount of Undertaking
On February 21, 2024, the Second Department issued a decision in Bank of N.Y. Mellon Trust Co., N.A. v. Lagasse, 2024 NY Slip Op. 00889, holding that a party in default cannot assert a defense before the default is vacated . . . Continue reading Party in Default Cannot Assert Defense Before Vacating Default
On February 21, 2024, the Second Department issued a decision in Franklin D. Nastasi Trust v. Bloomberg, L.P., 2024 NY Slip Op. 00892, dismissing a fraud claim for insufficient allegations of due diligence . . . Continue reading Fraud Claim Dismissed for Insufficient Allegations of Due Diligence
On February 22, 2024, the First Department issued a decision in EPAC Tech., Inc. v. John Wiley & Sons, Inc., 2024 NY Slip Op. 00933, holding that a plaintiff’s breach of contract failed because the plaintiff had repudiated the contract . . . Continue reading Plaintiff’s Contract Claim Fails Because it Repudiated the Contract
On February 8, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Shetty v. Bank of Baroda, 2024 NY Slip Op. 30454(U), authorizing service by Continue reading Court Authorizes E-Mail Service When Service Under the Hague Convention Impractical
On February 13, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Brighton Bldr. LLC. v. Bedford Landscape Contrs., LLC, 2024 NY Slip Op. 30475(U), holding that a conversion claim cannot be based on a contractual debt . . . Continue reading Conversion Claim Cannot be Based on Mere Debt Owed
On February 13, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in David v. Arbie Processing, LLC, 2024 NY Slip Op. 30476(U), holding that allegations of domination, without more, were insufficient to support veil piercing claims . . . Continue reading Allegations of Domination, Without More, Insufficient to Support Veil Piercing Claims
On February 9, 2024, Justice Borrok of the New York County Commercial Division issued a decision in HOV Servs., Inc. v. ASG Techs. Group, Inc., 2024 NY Slip Op. 30456(U), holding that the continuing wrong doctrine defeated a statute of limitations defense . . . Continue reading Continuing Wrong Doctrine Defeats Statute of Limitations Argument
On February 15, 2024, the First Department issued a decision in Black v. Phoenix Cayman Ltd., 2024 NY Slip Op. 00797, holding that a few e-mails and meetings in New York were insufficient to create personal jurisdiction in New York . . . Continue reading E-mails and a Few Meetings in New York Insufficient to Create Personal Jurisdiction
On February 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in TS Falcon I, LLC v. Golden Mtn. Fin. Corp., 2024 NY Slip Op. 30386(U), holding that a commitment to make a loan for over $2.5 million is not subject to the criminal usury law . . . . Continue reading Loan Commitment for Over $2.5 Million Not Subject to Criminal Usury Law
