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Commercial Case Notes

Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division

Defendants Required to Pay Cost of Plaintiff’s Motion for Default as Condition for Denying the Motion
Commercial Case Notes / Default Judgment

Defendants Required to Pay Cost of Plaintiff’s Motion for Default as Condition for Denying the Motion

On December 31, 2024, Justice Masley of the New York County Commercial Division issued a decision in Universal Inv. Advisory SA v. Bakrie Telecom Pte, Ltd, 2024 NY Slip Op. Continue reading Defendants Required to Pay Cost of Plaintiff’s Motion for Default as Condition for Denying the Motion

Misappropriation of Trade Secret Claim Dismissed for Failure Adequately to Allege Steps to Keep Information Secret
Commercial Case Notes / Intellectual Property

Misappropriation of Trade Secret Claim Dismissed for Failure Adequately to Allege Steps to Keep Information Secret

On December 20, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SkyX Group Inc v. Foundation for a Smoke Free World, 2024 NY Slip Continue reading Misappropriation of Trade Secret Claim Dismissed for Failure Adequately to Allege Steps to Keep Information Secret

Court Orders the Distribution of the Value of a Law Firm’s Contingency Cases
Commercial Case Notes / Law Firms and Professional Ethics

Court Orders the Distribution of the Value of a Law Firm’s Contingency Cases

On January 2, 2025, Justice Crane of the New York County Commercial Division issued a decision in White v. Vaccaro, 2025 NY Slip Op. 30013(U), distributing the value of a Continue reading Court Orders the Distribution of the Value of a Law Firm’s Contingency Cases

Failure to Comply With Conditional Sanctions Order Results in Defendant’s Answer Being Struck
Commercial Case Notes / Sanctions

Failure to Comply With Conditional Sanctions Order Results in Defendant’s Answer Being Struck

On January 6, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Abuzaid v. Almayouf, 2025 NY Slip Op. 30036(U), striking a defendant’s answer for Continue reading Failure to Comply With Conditional Sanctions Order Results in Defendant’s Answer Being Struck

Motion is Not Frivolous Simply Because it Was Unlikely to Succeed
Commercial Case Notes / Sanctions

Motion is Not Frivolous Simply Because it Was Unlikely to Succeed

On January 2, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Khedouri v. Gabriel, 2025 NY Slip Op. 30034(U), holding that a motion is Continue reading Motion is Not Frivolous Simply Because it Was Unlikely to Succeed

Court Excuses Failure Timely to Move for Default Judgment
Commercial Case Notes / Default Judgment

Court Excuses Failure Timely to Move for Default Judgment

On January 6, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bank of India, N.Y. Branch v. Anaya Gems, Inc., 2025 NY Slip Op. Continue reading Court Excuses Failure Timely to Move for Default Judgment

Failure to Read Contract No Defense to its Validity
Commercial Case Notes / Contracts

Failure to Read Contract No Defense to its Validity

On December 30, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2024 NY Slip Op. 51779(U), holding Continue reading Failure to Read Contract No Defense to its Validity

Counsel May Withdraw from Representation Because it Was Not Paid
Commercial Case Notes / Law Firms and Professional Ethics

Counsel May Withdraw from Representation Because it Was Not Paid

On January 6, 2025, Justice Reed of the New York County Commercial Division issued a decision in Miller v. 22 Ericsson Owner LLC, 2025 NY Slip Op. 50004(U), allowing counsel Continue reading Counsel May Withdraw from Representation Because it Was Not Paid

Nail and Mail Service Ineffective When Process Server Did Not Exercise Sufficient Diligence in Attempting to Serve Defendant
Commercial Case Notes / Service of Process

Nail and Mail Service Ineffective When Process Server Did Not Exercise Sufficient Diligence in Attempting to Serve Defendant

On January 8, 2025, the Second Department issued a decision in Creswell Invs., Ltd. v. Brazil+Q1 Ltd., 2025 NY Slip Op. 00081, holding that nail and mail service was ineffective Continue reading Nail and Mail Service Ineffective When Process Server Did Not Exercise Sufficient Diligence in Attempting to Serve Defendant

Defendant Could not Challenge Service at Address Designated with Secretary of State That Was Outdated
Commercial Case Notes / Service of Process

Defendant Could not Challenge Service at Address Designated with Secretary of State That Was Outdated

On January 8, 2025, the Second Department issued a decision in Gutierrez v. Hillside Hotel, LLC, 2025 NY Slip Op. 00083, holding that a defendant could not challenge service at Continue reading Defendant Could not Challenge Service at Address Designated with Secretary of State That Was Outdated

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