Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On January 17, 2024, the Second Department issued a decision in Sutton v. Syla, 2024 NY Slip Op. 00204, holding that a court may not grant renewal if there is no justification for failing earlier to present the evidence upon which the motion for renewal was based . . . Continue reading Court May Not Grant Renewal if There is No Justification for Failing to Present Evidence
On January 16, 2024, the First Department issued a decision in IHG Harlem I LLC v. 406 Manhattan LLC, 2024 NY Slip Op. 00164, holding that a sole remedy provision did not bar an award of statutory interest . . . Continue reading Sole Remedy Provision Did Not Bar Award of Statutory Interest
On January 18, 2024, the First Department issued a decision in CMB Export Infrastructure Inv. Group 48, LP v. Motcomb Estates, Ltd., 2024 NY Slip Op. 00223, holding that an injunction was not justified to prevent only money damages . . . Continue reading Injunction Not Justified to Prevent Only Harm Compensable With Money Damages
On January 2, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2024 NY Slip Op. 30101(U), ordering the plaintiff and defendant to share the cost of ESI production . . . Continue reading Court Orders Plaintiff and Defendant to Share ESI Production Costs
On January 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2024 NY Slip Op. 30050(U), dismissing a claim based on an alleged joint venture for lack of allegations regarding sharing profits and losses . . . Continue reading Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses
On December 14, 2023, Justice Murphy of the Nassau County Commercial Division issued a decision in Parizat v. Meron, 2023 NY Slip Op. 34587(U), ordering the production of tax returns despite the heavy burden of justifying their production . . . Continue reading Court Orders Production of Tax Returns Despite Heavy Burden of Justifying Production
On December 28, 2023, Justice Crane of the New York County Commercial Division issued a decision in Cortlandt St. Recovery Corp. v. Hellas Telecommunications II, S.C.A., 2023 NY Slip Op. 34553(U), holding that the assignment of claims regarding defaulted bonds was not champertous . . . Continue reading Assignment of Claims Regarding Defaulted Bonds Not Champertous
On January 10, 2024, the Second Department issued a decision in JPMorgan Chase Bank N.A. v. Nehorayoff, 2024 NY Slip Op. 00066, holding that the repeated failure to provide discovery warranted sanctions notwithstanding the defendants’ assertion that they were willing to provide discovery . . . Continue reading Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery
On January 11, 2024, the First Department issued a decision in 1400 Ardel Constr. & Design Group, Inc. v. VBG 990 AOA, LLC, 2024 NY Slip Op. 00122, holding that the trial court erred in denying a motion for more time to serve, noting, among other things, the expiration of the statute of limitations . . . Continue reading Court Erred in Denying More Time to Serve Defendant
On December 6, 2023, Justice Grays of the Queens County Commercial Division issued a decision in Pennymac Corp. v. Erneste, 2023 NY Slip Op. 23411, rejecting a constitutional challenge to New York’s Foreclosure Abuse Prevention Act . . . Continue reading Court Reject Constitutional Challenge to Foreclosure Abuse Prevention Act
