Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims
Commercial Case Notes / Statute of Limitation/Laches

Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims

On October 13, 2024, Justice Masley of the New York County Commercial Division issued a decision in UBS Ams. Inc. v. Impac Funding Corp., 2024 NY Slip Op. 33827(U), holding that allegations in a complaint related back to the date the Summons with Notice was filed because the Summons with Notice gave adequate notice of the claims . . . Continue reading Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims

Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice
Commercial Case Notes / Service of Process / Summary Judgment

Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice

On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in Starship Holdings, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 33740(U), that a motion for summary judgment in lieu of complaint must be denied because plaintiffs failed to give defendants legally sufficient advance notice of the motion . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice

Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding
Arbitration, Mediation and Other ADR / Commercial Case Notes

Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding

On October 7, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Ironmen Holdings, LLC v. Nieporte, 2024 NY Slip Op. 33743(U), holding that a dispute over compliance with an agreement to arbitrate must be brought as an Article 75 proceeding . . . Continue reading Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding

Use of New York Correspondent Account Insufficient, Without More, to Create Personal Jurisdiction in New York
Commercial Case Notes

Use of New York Correspondent Account Insufficient, Without More, to Create Personal Jurisdiction in New York

On October 10, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Rakaez Geotekania KSA v. Fransabank S.A.L., 2024 NY Slip Op. 33766(U), holding that use of a New York correspondent bank account is insufficient, without more, to create personal jurisdiction in New York . . . Continue reading Use of New York Correspondent Account Insufficient, Without More, to Create Personal Jurisdiction in New York

Best Evidence Rule Does Not Bar Evidence if There is an Adequate Explanation for the Absence of the Original
Commercial Case Notes / Evidence

Best Evidence Rule Does Not Bar Evidence if There is an Adequate Explanation for the Absence of the Original

On October 23, 2024, the Second Department issued a decision in Yakubov v. Gaft, 2024 NY Slip Op. 05240, holding that the best evidence rule does not bar evidence if there is an adequate explanation for the absence of the original . . . Continue reading Best Evidence Rule Does Not Bar Evidence if There is an Adequate Explanation for the Absence of the Original

Non-Party Entitled to Reimbursement of Reasonable Attorneys’ Fees in Responding to Subpoena
Commercial Case Notes / Discovery/Disclosure

Non-Party Entitled to Reimbursement of Reasonable Attorneys’ Fees in Responding to Subpoena

On October 24, 2024, the First Department issued a decision in Matter of Barons Media, LLC v. Shapiro Legal Group, PLLC, 2024 NY Slip Op. 05301, holding that a non-party was entitled to reimbursement of reasonable attorneys’ fees in responding to a subpoena . . . Continue reading Non-Party Entitled to Reimbursement of Reasonable Attorneys’ Fees in Responding to Subpoena