Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 26, 2024, Justice Chan of the New York County Commercial Division issued a decision in Novum Energy Trading Inc. v. Transmontaigne Operating Co. L.P., 2024 NY Slip Op. 33524(U), holding that requests to admit that go to material issues are improper . . . Continue reading Requests to Admit Going to Material Issues Improper
On September 30, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Five Star Elec. Corp. v. Trustees of Columbia Univ., 2024 NY Slip Op. 33528(U), striking a plaintiff’s complaint for failure to provide discovery . . . Continue reading Plaintiff’s Complaint Struck for Failure to Engage in Discovery
On October 7, 2024, Justice Schecter of the New York County Commercial Division issued a decision in TRB Acquisitions LLC v. Yedid, 2024 NY Slip Op. 33565(U), holding that a claim that cannot survive summary judgment lacks a substantial basis under New York’s anti-SLAPP law . . . Continue reading Claim That Cannot Survive Summary Judgment Lacks a Substantial Basis Under New York’s Anti-SLAPP Law
On October 9, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Buxbaum, 2024 NY Slip Op. 04943, holding that a conditional order of dismissal was defective because it did not give state that the plaintiff’s failure to comply with the notice would serve as a basis for a motion by the court to dismiss the action for failure to prosecute . . . Continue reading Conditional Order of Dismissal Defective Due to Insufficient Notice of Dismissal
On October 8, 2024, the First Department issued a decision in Coney Is. Auto Holdings, Corp. v. Parts Auth., LLC, 2024 NY Slip Op. 04900, affirming the imposition of spoliation sanctions on a plaintiff that deleted e-mails on the day it sent a litigation demand letter . . . Continue reading Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter
On October 4, 2024, the Fourth Department issued a decision in Liberty Maintenance, Inc. v. Alliant Ins. Servs., Inc., 2024 NY Slip op. 04871, holding that written contract’s integration clause barred a promissory estoppel claim based on an alleged oral modification of the written contract . . . Continue reading Promissory Estoppel Claim Barred by Written Contract
On October 2, 2024, the Second Department issued a decision in Parizat v. Meron, 2024 NY Slip Op. 04776, holding that an oral agreement regarding a party’s ownership interest in a company was not barred by the party’s written employment agreement . . . Continue reading Oral Agreement Regarding Ownership Interest Not Barred by Written Employment Agreement
On October 3, 2024, the First Department issued a decision in Matter of Michalow v. D.E. Shaw & Co., L.P., 2024 NY Slip Op. 04819, holding that a legal error was an insufficient basis for vacating an arbitral award . . . Continue reading Legal Error Insufficient Basis for Vacating Arbitral Award
On October 3, 2024, the First Department issued a decision in Haart v. Scaglia, 2024 NY Slip Op. 04812, holding that a promise made without the intent to perform can support a claim for fraud . . . Continue reading A Promise Made Without Intent to Perform Can Support a Claim for Fraud
On October 1, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Junik v. 61 N. 11 LLC, 2022 NY Slip Op. 34793(U), holding that a Heter Iska created an enforceable note . . . Continue reading Heter Iska is an Enforceable Note
