Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On February 8, 2024, the First Department issued a decision in Employees Retirement Sys. for the City of Providence v. Rohner, 2024 NY Slip Op. 00674, holding that a forum non conveniens motion failed because of a dispute’s ties to New York . . . Continue reading Forum Non Conveniens Motion Fails Because of Dispute’s Ties to New York
On January 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Porges v. Kleinman, 2024 NY Slip Op. 30248(U), holding that a confession of judgment was unenforceable because of a failure to identify the signor’s residence . . . Continue reading Confession of Judgment Unenforceable Because of Failure Properly to Identify Signor’s Residence
On January 31, 2024, the Second Department issued a decision in Mention v. Archbishop Stepinac High Sch., 2024 NY Slip Op. 00416, dismissing a complaint for failure fully to provide discovery . . . Continue reading Complaint Dismissed for Failure Fully to Provide Discovery
On January 31, 2024, the Second Department issued a decision in Meserole Hub, LLC v. Rosenzweig, 2024 NY Slip Op. 00417, dismissing a professional malpractice claim as duplicative of a breach of contract claim . . . Continue reading Professional Malpractice Claim Dismissed as Duplicative of Breach of Contract Claim
On January 31, 2024, the Second Department issued a decision in Misty Cleaning Servs., Inc. v. Independent Group Home Living Program, Inc., 2024 NY Slip Op. 00418, holding that a liquidated damages clause was not enforceable . . . Continue reading Liquidated Damages Clause Not Enforceable
On February 2, 2024, Justice Borrok of the New York County Commercial Division issued a decision in Soloway v. The CIM Group, 2024 NY Slip Op. 30377(U), holding that a claim was not time-barred because the fiduciary’s continuing failure to act was a continuing breach . . . Continue reading Claim Not Time-Barred Because Fiduciary’s Continuing Failure to Act Was Continuing Breach
On January 29, 2024, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2024 NY Slip Op. 30330(U), dismissing a contribution claim because the underlying claim sought economic damages . . . Continue reading Contribution Claim Dismissed Because Underlying Claim Sought Economic Damages
On January 30, 2024, the First Department issued a decision in Estate of Tawil v. Sutton, 2024 NY Slip Op. 00397, holding that an illegality defense could not be used to obtain a windfall gain . . . Continue reading Illegality Defense Could Not Be Used to Obtain a Windfall Gain
On February 1, 2024, the First Department issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2024 NY Slip Op. 00450, holding that the six-year statute of limitations applies to a breach of fiduciary claim based on fraud . . . Continue reading Six-Year Statute of Limitations Applies to Breach of Fiduciary Duty Claim Based on Fraud
On January 23, 2024, Justice Livote of the Queens County Commercial Division issued a decision in Bastidas v. Garcia, 2024 NY Slip Op. 50073(U), holding that a conversion claim can be based on the use of a trademark . . . Continue reading Conversion Claim Can be Based on Use of Trademark
