Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On April 24, 2024, Justice Doyle of the Monroe County Commercial Division issued a decision in Matter of Investcloud Inc. v. Siegal, 2024 NY Slip Op. 50469(U), holding that the decision to allow non-party pre-hearing discovery is for the arbitrator, not a court . . . Continue reading Decision to Allow Non-Party Pre-Hearing Discovery Is for the Arbitrator, Not the Court
On April 19, 2024, Justice Reed of the New York County Commercial Division issued a decision in Bagatelle Little W. 12th LLC v. JEC II, LLC, 2024 NY Slip Op. 50453(U), refusing to issue letters rogatory for international discovery because the evidence sought was not crucial to deciding the lawsuit . . . Continue reading Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial
On April 24, 2024, the Second Department issued a decision in Kitchen Winners NY, Inc. v. Triptow, 2024 NY Slip Op. 02181, holding that a plaintiff was not entitled to summary judgment in lieu of complaint because there were questions of fact beyond simple proof of nonpayment . . . Continue reading Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment
On April 23, 2024, the First Department issued a decision in At Last Sportswear, Inc. v. Byron, 2024 NY Slip Op. 02135, holding that breach of loyalty and breach of an employment contract claims were not duplicative . . . Continue reading Breach of Loyalty and Breach of Employment Contract Claims Not Duplicative
On April 25, 2024, the First Department issued a decision in BML Props. Ltd. v. China Constr. Am., Inc., 2024 NY Slip Op. 02252, holding that a plaintiff was not entitled to lost profits damages because the parties did not contemplate them in making their agreement . . . Continue reading Plaintiff not Entitled to Lost Profit Damages Because the Parties Did Not Contemplate Them in Making Their Agreement
On April 30, 2024, the First Department issued a decision in Alghafly v. Ewiess, 2024 NY Slip Op. 02271, affirming the denial of a motion to vacate a default judgment because of the failure to submit an affidavit showing the factual basis for the motion . . . Continue reading Failure to Provide Factual Basis for Vacating Default Dooms Motion to Vacate
On April 17, 2024, the Second Department issued a decision in Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc., 2024 NY Slip Op. 02032, refusing to enforce a forum selection clause requiring a challenge to an insurance policy under New York law to be heard in Nebraska . . . Continue reading Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska
On April 17, 2024, the Second Department issued a decision in Bank of N.Y. Mellon v. Demasco, 2024 NY Slip Op. 02033, holding that a summary judgment motion failed for lack of proof that the evidence submitted in support of it were business records . . . Continue reading Summary Judgment Motion Fails For Lack of Proof That Evidence Submitted in Support Were Business Records
On April 16, 2024, the First Department issued a decision in Ho v. Star Contrs., Inc., 2024 NY Slip Op. 02014, holding that a fraud claim based on alleged misrepresentations regarding the performance of a contract should be dismissed as duplicative of a breach of contract claim . . . Continue reading Fraud Claim Based on Misrepresentation Regarding Contract Performance Dismissed as Duplicative of Contract Claim
On April 18, 2024, the First Department issued a decision in 3B Assoc. LLC v. Ecommission Solutions, LLC, 2024 NY Slip Op. 02086, holding that a contract action should not have been consolidated with a later-filed tort action . . . Continue reading Contract Action Should Not Have Been Consolidated With Later-Filed Tort Action
