Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument
Commercial Case Notes / Court Rules and Procedures

Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument

On May 16, 2024, the First Department issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2024 NY Slip Op. 02752, holding that judicial estoppel barred a plaintiff from changing its argument regarding choice of law after it earlier had prevailed on that argument . . . Continue reading Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument

CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute
Commercial Case Notes / Service of Process

CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute

On April 17, 2024, Justice Chan of the New York County Commercial Division issued a decision in CLP Luminex Holdings, LLC v. Global Consumer Acquisition LLC, 2024 NY Slip Op. 31395(U), holding that the CPLR does not allow for service on agents for service of process appointed by another state’s statute . . . Continue reading CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute

Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable

On April 19, 2024, Justice Chan of the New York County Commercial Division issued a decision in RS E Orange LLC v. Proudliving Cos., LLC, 2024 NY Slip Op. 31451(U), denying a motion for summary judgment in lieu of complaint because the amount owed was not readily ascertainable . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable