Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On February 13, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Brighton Bldr. LLC. v. Bedford Landscape Contrs., LLC, 2024 NY Slip Op. 30475(U), holding that a conversion claim cannot be based on a contractual debt . . . Continue reading Conversion Claim Cannot be Based on Mere Debt Owed
On February 13, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in David v. Arbie Processing, LLC, 2024 NY Slip Op. 30476(U), holding that allegations of domination, without more, were insufficient to support veil piercing claims . . . Continue reading Allegations of Domination, Without More, Insufficient to Support Veil Piercing Claims
On February 9, 2024, Justice Borrok of the New York County Commercial Division issued a decision in HOV Servs., Inc. v. ASG Techs. Group, Inc., 2024 NY Slip Op. 30456(U), holding that the continuing wrong doctrine defeated a statute of limitations defense . . . Continue reading Continuing Wrong Doctrine Defeats Statute of Limitations Argument
On February 15, 2024, the First Department issued a decision in Black v. Phoenix Cayman Ltd., 2024 NY Slip Op. 00797, holding that a few e-mails and meetings in New York were insufficient to create personal jurisdiction in New York . . . Continue reading E-mails and a Few Meetings in New York Insufficient to Create Personal Jurisdiction
On February 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in TS Falcon I, LLC v. Golden Mtn. Fin. Corp., 2024 NY Slip Op. 30386(U), holding that a commitment to make a loan for over $2.5 million is not subject to the criminal usury law . . . . Continue reading Loan Commitment for Over $2.5 Million Not Subject to Criminal Usury Law
On February 5, 2024, Justice Borrok of the New York County Commercial Division issued a decision in One Riv. Run Acquisition, LLC v. Milde, 2024 NY Slip Op. 30403(U), holding that a joint venturer’s agreement to seek funding does not create a special relationship . . . Continue reading Joint Venturer’s Agreement to Seek Funding Does Not Create a Special Relationship
On February 6, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Libertas Funding, LLC v. Travelland RV, Inc., 2024 NY Slip Op. 30415(U), holding that the Business Corporations Law does not bar a suit by a non-resident against a foreign LLC in New York . . . Continue reading BCL Does Not Bar Non-Resident’s Suit Against Foreign LLC in New York
On February 2, 2024, the Fourth Department issued a decision in Capizzi v. Brown Chiari LLP, 2024 NY Slip Op. 00535, holding that an oral partnership agreement trumps the default rules of the Partnership Law . . . Continue reading Oral Agreement Can Trump Partnership Law
On February 8, 2024, the Supreme Court issued a decision in Murray v. UBS Securities LLC, et al., siding with whistleblower Trevor Murry in holding that whistleblowers seeking protection from retaliation under federal law needn’t show retaliatory intent on the part of their employers. Continue reading SCOTUS Sides with Whistleblowers in UBS Case
On February 7, 2024, the Second Department issued a decision in Board of Mgrs. of the Poseidon Condominium v. Costantino Prop. Mgt., LLC, 2024 NY Slip Op. 00608, holding that it was error for a referee to make a recommendation without holding a hearing when the order of reference called for a hearing . . . Continue reading It is Error for Referee to Decline to Hold a Hearing if the Order of Reference Calls for One
