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

Veil Piercing Claim Fails for Lack of Allegations of How Abuse of the Corporate Form Was Used to Harm Plaintiff
Commercial Case Notes / Veil Piercing/Alter Ego

Veil Piercing Claim Fails for Lack of Allegations of How Abuse of the Corporate Form Was Used to Harm Plaintiff

On October 24, 2024, the First Department issued a decision in Zhong Lun Law Firm LLC v. Zhong Lun Law Firm, 2024 NY Slip Op. 05300, holding that a veil piercing claim failed for lack of allegations of how the alleged abuse of the corporate form was used to harm the plaintiff . . . Continue reading Veil Piercing Claim Fails for Lack of Allegations of How Abuse of the Corporate Form Was Used to Harm Plaintiff

Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes

Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration

On October 24, 2024, the First Department issued a decision in Matter of Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, 2024 NY Slip Op. 05278, holding that a party waives the right to challenge an agreement to arbitrate by participating in the arbitration . . . Continue reading Party Waives Right to Challenge Agreement to Arbitrate by Participating in Arbitration

Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact
Commercial Case Notes / Court Rules and Procedures

Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact

On October 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Harkins v. Stern, 2024 NY Slip Op. 33599(U), denying a motion for consolidation because of overlapping discovery where there were insufficiently similar questions of law or fact . . . Continue reading Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact

Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records
Commercial Case Notes / Evidence / Real Property / Summary Judgment

Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records

On October 16, 2024, the Second Department issued a decision in Bank of N.Y. v. Levy, 2024 NY Slip Op. 05085, holding that a motion must be supported by business records, not just a records custodian affidavit attesting to the facts in the records . . . Continue reading Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records