Counsel’s Failure to Answer or Oppose Motion for Default Despite Telling Defendant He Would Do So Reasonable Excuse Justifying Vacating the Default

Counsel’s Failure to Answer or Oppose Motion for Default Despite Telling Defendant He Would Do So Reasonable Excuse Justifying Vacating the Default

On April 18, 2024, the First Department issued a decision in JDS Constr. Group LLC v. Copper Servs., LLC, 2024 NY Slip Op. 02097, holding that counsel’s failure to answer or oppose a motion for default judgment despite telling the client he would do so was a reasonable excuse for the default justifying vacating the default . . . Continue reading Counsel’s Failure to Answer or Oppose Motion for Default Despite Telling Defendant He Would Do So Reasonable Excuse Justifying Vacating the Default

Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct

Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct

On April 18, 2024, the Court of Appeals issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, 2024 NY Slip Op. 02081, holding that a buyer in an asset purchase acquisition was subject to personal jurisdiction based on the seller’s conduct . . . Continue reading Buyer in Asset Purchase Acquisition Subject to Personal Jurisdiction Based on Seller’s Conduct

Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

On April 5, 2024, Justice Chan of the New York County Commercial Division issued a decision in Wietschner v. 9 Vandam JV LLC, 2024 NY Slip Op. 31172(U), holding that questions of fact regarding whether a note was in default precluded a motion for summary judgment in lieu of complaint . . . Continue reading Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)

Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)

On April 6, 2024, Justice Masley of the New York County Commercial Division issued a decision in Zurich Am. Ins. Co. v. Providence Capital LLC, 2024 NY Slip Op. 31202(U), holding that a motion to dismiss a defense can be made on any ground, not just those listed in CPLR 3211(a) . . . Continue reading Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)

Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses

Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses

On April 10, 2024, the Second Department issued a decision in Kefalas v. Pappas, 2024 NY Slip Op. 01912, holding that a claim based on an alleged joint venture agreement failed for lack of allegations of an agreement to share losses . . . Continue reading Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses

Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim

Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim

On March 25, 2024, Justice Chan of the New York County Commercial Division issued a decision in Brand Squared LLC v. Ryse Up Sports Nutrition, LLC, 2024 NY Slip Op. 31031(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim . . . Continue reading Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim