Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On December 6, 2023, the Second Department issued a decision in May Dock Lane, LLC v. Harras Bloom & Archer, LLP, 2023 NY Slip Op. 06244, holding that a legal malpractice claim should have been dismissed for failure to, among other things, adequately allege proximate cause . . . Continue reading Legal Malpractice Claim Dismissed for Failure Adequately to Allege Proximate Cause
On December 6, 2023, the Second Department issued a decision in U.S. Bank N.A. v. Gonzaga, 2023 NY Slip Op. 06274, dismissing an action for failure timely to seek a default judgment . . . Continue reading Action Dismissed for Failure Timely to Seek a Default Judgment
On December 7, 2023, the First Department issued a decision in Durst Pyramid LLC v. Silver Cinemas Acquisition Co., 2023 NY Slip Op. 06311, holding that an allegedly defamatory statement was protected by the absolute litigation privilege . . . Continue reading Alleged Defamatory Statement Protected by Absolute Litigation Privilege
On December 5, 2023, the First Department issued a decision in Hemingway Group LLC v. i80 Group LLC, 2023 NY Slip Op. 06229, upholding an implied covenant claim based on the bad faith exercise of discretion . . . Continue reading Implied Covenant Claim Based on Bad Faith Exercise of Discretion Upheld
On December 5, 2023, the First Department issued a decision in Rappoport v. Nye, 2023 NY Slip Op. 06224, holding that the beneficiary of an estate lacked standing to sue on behalf of the estate . . . Continue reading Beneficiary of Estate Lacks Standing to Sue on Behalf of Estate
On December 5, 2023, the First Department issued a decision in KPP III CCT LLC v. Douglas Dev. Corp., 2023 NY Slip Op. 06216, holding that an out-of-state corporation was not subject to general jurisdiction in New York because it had subsidiaries here . . . Continue reading Out of State Corporation Not Subject to General Jurisdiction in New York Because it Has Subsidiaries Here
On November 28, 2023, the First Department issued a decision in Cassaforte Ltd. v. Pourtavoosi, 2023 NY Slip Op. 06080, holding that plaintiffs could not assert a claim regarding an unauthorized transaction when they benefitted from it . . . Continue reading Plaintiffs Cannot Assert Claim Regarding Unauthorized Transaction When They Benefitted From It
On November 28, 2023, the First Department issued a decision in Ambase Corp. v. 111 W. 57th Sponsor LLC, 2023 NY Slip Op. 06078, holding that veil piercing claims failed because the alleged fraud or misconduct did not arise from misuse of the corporate form . . . Continue reading Veil Piercing Claims Dismissed for Failure to Allege Fraud or Misconduct Arising from Misuse of the Corporate Form
On October 3, 2023, Justice Knipel of the Kings County Commercial Division issued a decision in Bruce v. Solny, 2023 NY Slip Op. 34070(U), holding that discovery demands that are overbroad should be stricken, not rewritten by the court . . . Continue reading Discovery Demands That Are Overbroad Should be Stricken, Not Rewritten by the Court
On November 16, 2023, Justice Crane of the New York County Commercial Division issued a decision in Medea Inc. v. Honeywell Safety Prods., USA, Inc., 2023 NY Slip Op. 34091(U), holding that a contract provision limiting damages was unenforceable because it failed in its essential purpose . . . Continue reading Contract Provision Limiting Damages Unenforceable When
