Guaranty Coupled With an Indemnification Agreement Not Suitable for Disposition on Motion for Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

Guaranty Coupled With an Indemnification Agreement Not Suitable for Disposition on Motion for Summary Judgment in Lieu of Complaint

On February 13, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Fundamental Partners III LP v. Voss, 2025 NY Slip Op. 30575(U), holding that a guaranty coupled with an indemnification agreement was not suitable for disposition on a motion for summary judgment in lieu of complaint . . . Continue reading Guaranty Coupled With an Indemnification Agreement Not Suitable for Disposition on Motion for Summary Judgment in Lieu of Complaint

Negligence Claim Against Engineer Dismissed as Duplicative of Contract Claim
Commercial Case Notes / Contracts / Professional Malpractice

Negligence Claim Against Engineer Dismissed as Duplicative of Contract Claim

On January 15, 2025, the Second Department issued a decision in Meserole Hub, LLC v. Rosenzweig, 2025 NY Slip Op. 00213, holding that a negligence claim against an engineer should be dismissed as duplicative of a breach of contract claim seeking the same damages . . . Continue reading Negligence Claim Against Engineer Dismissed as Duplicative of Contract Claim

Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer
Commercial Case Notes / Default Judgment

Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer

On February 5, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Garriques, 2025 NY Slip Op. 00648, holding that a defendant forfeited the right to seek dismissal for failure timely to seek a default judgment by serving a late answer . . . Continue reading Defendant Forfeited Right to Seek Dismissal for Failure Timely to Seek a Default Judgment By Serving a Late Answer

Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue
Commercial Case Notes / Court Rules and Procedures / Statute of Limitation/Laches

Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue

On February 19, 2025, the Second Department issued a decision in Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C., 2025 NY Slip Op. 00956, holding that absent new facts or a change in the law, a prior appellate decision is the law of the case, barring the relitigation of an issue . . . Continue reading Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue