Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On November 21, 2023. the First Department issued a decision in Colonial Funding Network, Inc. v. Finley, 2023 NY Slip Op. 05980, holding that papers served pursuant to an order to show cause must be served exactly how the order to show cause requires them to be served . . . Continue reading Papers Served Pursuant to an Order to Show Cause Must be Served Exactly How the OSC Requires
On November 9, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Ocean Park Apts., Inc. v. Maxem Realty LLC, 2023 NY Slip Op. 33996(U), dismissing a counterclaim for being a mirror image of the plaintiff’s claim . . . Continue reading Counterclaim Dismissed for Being Mirror Image of Plaintiff’s Claim
On November 13, 2023, Justice Chan of the New York County Commercial Division issued a decision in WarnerMedia Direct, LLC v. Paramount Global, 2023 NY Slip Op. 34025(U), dismissing a GBL 349 claim because the allegations related to defrauding a contractual counterparty, not the public . . . Continue reading GBL Claim Fails Because Allegations Related to Defrauding a Contractual Counterparty, Not the Public
On November 9, 2023, Justice Crane of the New York County Commercial Division issued a decision in Kubera N. Am., Inc. v. Inhibikase Therapeutics, Inc., 2023 NY Slip Op. 34026(U), holding that when an action had a mixed outcome, neither party was entitled to fees as a prevailing party . . . Continue reading When Outcome Mixed, Neither Party Entitled to Fees as Prevailing Party
On November 14, 2023, justice Cohen of the New York County Commercial Division issued a decision in ARC NYWWPJV001, LLC v. WWP JV LLC, 2023 NY Slip Op. 34043(U), dismissing affirmative defenses for lack of supporting allegations . . . Continue reading Affirmative Defenses Struck for Lack of Supporting Allegations
On November 17, 2023, the Fourth Department issued a decision in Buffalo Riverworks LLC v. Schenne, 2023 NY Slip Op. 05823, holding that a plaintiff was not entitled to lost profits damages because such an award was not contemplated by the parties . . . Continue reading Plaintiff Not Entitled to Lost Profits Damages Because They Were not Contemplated by the Parties
On November 16, 2023, the First Department issued a decision in Legacy Org., Inc. v. Nomellini, 2023 NY Slip Op. 05791, holding that a party’s answer should not have been struck as a contempt sanction . . . Continue reading Party’s Answer Should Not Have Been Struck as a Contempt Sanction
On November 14, 2023, the First Department issued a decision in National Convention Servs., LLC v. FB Intl., Inc., 2023 NY Slip Op. 05692, holding that a spoliation claim failed for lack of a culpable state of mind . . . Continue reading Spoliation Claim Fails for Lack of Culpable State of Mind
On November 4, 2023, Justice Masley of the New York County Commercial Division issued a decision in Crestview SPV, LLC v. Crestview Fin., L.L.C., 2023 NY Slip Op. 33947(U), holding that it was not appropriate to issue a coercive contempt punishment if the contemnor was not going to respond to the coercion . . . Continue reading It is Inappropriate to Issue a Coercive Contempt Punishment if Contemnor is Not Going to Respond to the Coercion
On November 8, 2023, the Second Department issued a decision in Five Star Elec. Corp. v. Skanska USA Bldg., Inc., 2023 NY Slip Op. 05588, holding that a claim for failure to pay did not accrue until the condition requiring payment was met . . . Continue reading Claim For Failure to Pay Did Not Accrue Until Condition Requiring Payment Was Met
