Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses
Commercial Case Notes / Fiduciaries / Partnerships

Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses

On January 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2024 NY Slip Op. 30050(U), dismissing a claim based on an alleged joint venture for lack of allegations regarding sharing profits and losses . . . Continue reading Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses

Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery
Commercial Case Notes / Discovery/Disclosure / Sanctions

Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery

On January 10, 2024, the Second Department issued a decision in JPMorgan Chase Bank N.A. v. Nehorayoff, 2024 NY Slip Op. 00066, holding that the repeated failure to provide discovery warranted sanctions notwithstanding the defendants’ assertion that they were willing to provide discovery . . . Continue reading Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery

Court Erred in Denying More Time to Serve Defendant
Commercial Case Notes / Service of Process / Statute of Limitation/Laches

Court Erred in Denying More Time to Serve Defendant

On January 11, 2024, the First Department issued a decision in 1400 Ardel Constr. & Design Group, Inc. v. VBG 990 AOA, LLC, 2024 NY Slip Op. 00122, holding that the trial court erred in denying a motion for more time to serve, noting, among other things, the expiration of the statute of limitations . . . Continue reading Court Erred in Denying More Time to Serve Defendant

Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction

On December 29, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Reveam, Inc. v. Taylor Frères Capital Mkts., LLC, 2023 NY Slip Op. 34555(U), holding that sending correspondence to New York was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction