Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On December 30, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2024 NY Slip Op. 51779(U), holding Continue reading Failure to Read Contract No Defense to its Validity
On January 6, 2025, Justice Reed of the New York County Commercial Division issued a decision in Miller v. 22 Ericsson Owner LLC, 2025 NY Slip Op. 50004(U), allowing counsel Continue reading Counsel May Withdraw from Representation Because it Was Not Paid
On January 8, 2025, the Second Department issued a decision in Creswell Invs., Ltd. v. Brazil+Q1 Ltd., 2025 NY Slip Op. 00081, holding that nail and mail service was ineffective Continue reading Nail and Mail Service Ineffective When Process Server Did Not Exercise Sufficient Diligence in Attempting to Serve Defendant
On January 8, 2025, the Second Department issued a decision in Gutierrez v. Hillside Hotel, LLC, 2025 NY Slip Op. 00083, holding that a defendant could not challenge service at Continue reading Defendant Could not Challenge Service at Address Designated with Secretary of State That Was Outdated
On January 7, 2025, the First Department issued a decision in Seibel v. Scarola Zubatov Schaffin PLLC, 2025 NY Slip Op. 00067, enforcing an engagement letter provision allowing counsel to Continue reading Court Enforces Engagement Letter Provision Allowing Counsel to Withdraw if Client Failed to Cooperate
On January 7, 2025, the First Department issued a decision in Bullaro v. Ledo, Inc., 2025 NY Slip Op. 00040, upholding the dismissal of a motion for summary judgment under Continue reading Summary Judgment Motion Denied Under the Single Motion Rule
On January 9, 2025, the First Department issued a decision in Matter of TGT, LLC v. Meli, 2025 NY Slip Op. 00180, holding that parties that “did not oppose” a Continue reading Party That Did Not Oppose Motion Lacks Standing to Appeal It
On January 9, 2025, the First Department issued a decision in Black v. Phoenix Cayman Ltd., 2025 NY Slip Op. 00147, holding that a claim was time-barred because of the Continue reading Fraud Claim Time-Barred Because of Plaintiffs’ Failure Diligently to Investigate Claim
On December 19, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Homapour v. 3M Props., LLC, 2024 NY Slip Op. 34518(U), excusing a 10-month Continue reading Court Excuses 10-Month Delay in Answering Cross-Claim
On December 19, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lingang Li v. Howe, 2024 NY Slip Op. 34490(U), holding that a claim based Continue reading Claim Based on Oral Agreement to Sell Shares of Business That Only Owned Real Property Barred by the Statute of Frauds
