Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely
Commercial Case Notes / Court Rules and Procedures

Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely

On November 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Carloha, Inc. v. DC Nice Car, Inc., 2024 NY Slip Op. 34176(U), denying a motion to amend to add additional defendants made after the close of discovery as untimely . . . Continue reading Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely

Subpoena Recipient Held in Contempt for Failing Timely to Respond to Judgment Collection Discovery
Commercial Case Notes / Contempt / Judgment and Collections

Subpoena Recipient Held in Contempt for Failing Timely to Respond to Judgment Collection Discovery

On November 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Calen Invs. LLC v. Notias, 2024 NY Slip Op. 34272(U), holding a subpoena recipient in contempt for failure timely to respond to judgement collection discovery . . . Continue reading Subpoena Recipient Held in Contempt for Failing Timely to Respond to Judgment Collection Discovery

Communications Between Businesspeople Privileged When it Contained Communications Intended for Counsel
Commercial Case Notes / Privilege/Work Product

Communications Between Businesspeople Privileged When it Contained Communications Intended for Counsel

On November 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in ARC NYWWPJV001, LLC v. WWP JV LLC, 2024 NY Slip Op. 34298(U), holding that communications between businesspeople are privileged with they contained communications intended for counsel . . . Continue reading Communications Between Businesspeople Privileged When it Contained Communications Intended for Counsel

That Documents Were Designated Confidential Under a Confidentiality Order Insufficient to Justify Sealing
Commercial Case Notes / Court Rules and Procedures

That Documents Were Designated Confidential Under a Confidentiality Order Insufficient to Justify Sealing

On December 4, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Avenue Capital Mgt. II, L.P. v. Chubb European Group S.E., 2024 NY Slip Op. 34296(U), holding that the fact that documents were designated confidential under a confidentiality order is insufficient, by itself, to justify sealing . . . Continue reading That Documents Were Designated Confidential Under a Confidentiality Order Insufficient to Justify Sealing

Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision
Arbitration, Mediation and Other ADR / Commercial Case Notes

Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision

On December 4, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Selim 730 LLC v. SHVO 730 LLC, 2024 NY Slip Op. 34292(U), holding that fraudulent inducement allegations were insufficient to overcome an agreement’s arbitration clause then the alleged fraud di not relate to the arbitration provision . . . Continue reading Fraudulent Inducement Allegations Insufficient to Overcome Agreement’s Arbitration Provisions When Fraud Does Not Relate to Arbitration Provision

That Corporate Landlord was in Real Estate Business did not Mean That BCL 909 did not Govern Sale of Substantially All its Property
Business Divorce / Commercial Case Notes / Corporations

That Corporate Landlord was in Real Estate Business did not Mean That BCL 909 did not Govern Sale of Substantially All its Property

On December 10, 2024, the First Department issued a decision in Haruvi v. Hungerford, 2024 NY Slip Op. 06154, holding that fact that corporate landlord was in real estate business did not mean that BCL 909 did not govern the sale of substantially all of its real estate assets . . . Continue reading That Corporate Landlord was in Real Estate Business did not Mean That BCL 909 did not Govern Sale of Substantially All its Property