Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 24, 2024, the First Department issued a decision in 4CS Ltd v. Kahiri Diamonds Ltd, 2024 NY Slip Op. 04513, holding that ongoing settlement negotiations were an insufficient Continue reading Ongoing Settlement Negotiations Insufficient Excuse for Failure to Answer
On September 26, 2024, the First Department issued a decision in TH Fashion Ltd. v. Vince Holding Corp., 2024 NY Slip Op. 04630, holding that offering to assist in getting invoices paid did not give rise to an account stated claim . . . Continue reading Offering to Assist in Getting Invoices Paid Does Not Give Rise to an Account Stated Claim
On September 26, 2024, the First Department issued a decision in Murray v. Stone, 2024 NY Slip Op. 04611, holding that injury from a commercial tort occurs where the misconduct occurred, not where the economic loss occurred . . . Continue reading Injury from Commercial Tort Occurs Where Misconduct Occurs, Not Where Loss Occurs
On September 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Tareb v. 65th St., LLC, 2024 NY Slip Op. 33214(U), holding that a merger clause barred a claim based on an alleged oral agreement . . . Continue reading Merger Clause Bars Claim Based on Alleged Oral Agreement
On September 12, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Sojka v. Eisenman, 2024 NY Slip Op. 33212(U), quashing a subpoena because it was intended to determine if evidence existed rather than to obtain evidence . . . Continue reading Subpoena May Not Be Used to Determine if Evidence Exists
On September 16, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SLG 810 Seventh Lessee LLC v. Tydel Holding Corp., 2024 NY Slip Op, 33238(U), holding that the scope of an arbitrator’s power is determined by the agreement to arbitrate, not the initial statement of claim . . . Continue reading Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim
On September 12, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2024 NY Slip Op. 51265(U), holding that evidence disclosed in settlement discussions is not thereby shielded from disclosure in discovery . . . Continue reading Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery
On September 18, 2024, the Second Department issued a decision in Citimortgage, Inc. v. Goldstein, 2024 NY Slip Op. 04453, holding that to be estopped from challenging service, a defendant must actively avoid it, not just fail to facilitate it . . . Continue reading To be Estopped from Challenging Service, Defendant Must Actively Avoid it, Not Just Fail to Facilitate it
On September 18, 2024, the Second Department issued a decision in Crystal v. American Tr. Ins. Co., 2024 NY Slip Op. 04456, holding that a trial court may not grant renewal unless the movant justifies its failure earlier to present facts . . . Continue reading Trial Court May Not Grant Renewal Without Justification for Failure to Present Facts
On September 18, 2024, the Second Department issued a decision in Schwartz v. Fallah, 2024 NY Slip Op. 04474, holding that the Statute of Frauds barred a claim based on an alleged guaranty when the guaranty was not signed by the defendant . . . Continue reading Statute of Frauds Bars Claim Based on Alleged Guaranty When the Guaranty Was Not Signed by the Defendant
