Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On April 19, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Monex Can., Inc. v. Bank of Am., N.A., 2024 NY Slip Op. 31452(U), holding that a fraudulent transfer claim is based on the intent of the transferor, not the recipient . . . Continue reading Fraudulent Transfer Claim Based on Intent of Transferor, Not Recipient
On April 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Jun Gao v. Coconut Beach/Haw., LLC, 2024 NY Slip Op. 50504(U), holding that an affidavit sworn to in China was invalid without a certificate of conformity . . . Continue reading Affidavit Sworn in China Invalid Without Certificate of Conformity
On May 3, 2024, the Fourth Department issued a decision in Estate of Essig v. Essig, 2024 NY Slip Op. 02396, holding that denial of receipt of service or presence at service address was insufficient to overcome the prima facie validity of an affidavit of service . . . Continue reading Denial of Receipt of Service or Presence at Service Address Insufficient to Overcome Prima Facie Validity of Affidavit of Service
On May 3, 2024, the Fourth Department issued a decision in Consumers Beverages, Inc. v. Kavcon Dev. LLC, 2024 NY Slip Op. 02397, holding that a motion to disqualify counsel failed because of an insufficient connection between the matters in which counsel was engaged . . . Continue reading Motion to Disqualify Denied Due to Lack of Relationship Between Matters in Which Counsel was Engaged
On May 1, 2024, the Second Department issued a decision in 115 Essex St., LLC v. Tenth Ward, LLC, 2024 NY Slip Op. 02290, holding that when a defendant rebuts the prima facie validity of an affidavit of service, the court should hold a hearing to determine the validity of service . . . Continue reading When Defendant Rebuts Prima Facie Validity of Affidavit of Service, Court Should Hold a Hearing to Determine Validity of Service
On May 2, 2024, the First Department issued a decision in RDF Agent, LLC v. Electric Red Ventures, LLC, 2024 NY Slip Op. 02384, holding that a court did not err in refusing to dismiss a lawsuit in New York in favor of a first filed Texas action . . . Continue reading Court Did Not Err in Refusing to Dismiss New York Action in Favor of First Filed Texas Action
On May 2, 2024, the First Department issued a decision in Wilmington Trust N.A. v. Nelson, 2024 NY Slip Op. 02388, holding that a party that sent signature pages to his lawyer for inclusion in a contract without reading the final version of the contract is bound by the final version to which the lawyer affixed the signature pages . . . Continue reading Party That Sent Signature Pages to His Lawyer for Inclusion in a Contract Without Reading the Final Version Bound by the Version to Which Lawyer Affixed Signature Pages
On April 19, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Mesquite Cr. Wind LLC v. Mars Wind, Inc., 2024 NY Slip Op. 31470(U), holding that a party did not waive the attorney-client privilege by communicating with outsiders who were working on the party’s behalf . . . Continue reading Party’s Attorney-Client Privilege Not Waived by Communications With Outsiders Who Were Working on the Party’s Behalf
On April 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2024 NY Slip Op. 31473(U), dismissing claims because they used conclusory allegations . . . Continue reading Court Dismisses Claims Because They Used Conclusory Allegations
On April 10, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Ben-Hamo, 2024 NY Slip Op. 31478(U), sealing a complaint to prevent allegations of fraud and criminal conduct from becoming public . . . Continue reading Court Seals Complaint to Prevent Allegations of Fraud and Criminal Conduct From Becoming Public
