On June 13, 2024, the First Department issued a decision in Allen v. Zizzi Constr. Corp., 2024 NY Slip Op. 03226, holding that a defect in standing could be cured by a post-filing assignment of claims . . . Continue reading Standing Defect Cured by Post-Filing Assignment of Claims
On April 3, 2024, the Second Department issued a decision in Teva Realty, LLC v. Cornaga Holding Corp., 2024 NY Slip Op. 01833, holding that a defendant that dealt with an entity as a corporation cannot avoid its obligations to is because it was not properly incorporated . . . Continue reading Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated
On January 16, 2024, Justice Cohen of the New York County Commercial division issued a decision in Shafer v. Dweck, 2024 NY Slip Op. 30201(U), holding that a lack of standing can be cured by assigning claims from a business to the business owner . . . Continue reading Lack of Standing Can Be Cured by Assignment of Claim from Business to Business Owner
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 October 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Braddock v. Shwarts, 2023 NY Slip Op. 51050(U), dismissing a claim for failure adequately to allege standing to bring a claim based on the assignment of claims . . . Continue reading Claim Dismissed for Failure Adequately to Allege Standing Based on Assignment of Claims
On September 30, 2023, Justice Masley of the New York County Commercial Division issued a decision in Board of Mgrs. of 11 Beach St. Condominium v. HFZ 11 Beach St. LLC, 2023 NY Slip Op. 33419(U), holding that on a motion dismiss, the defendant bears the initial burden of making a prima facie showing of a lack of standing . . . Continue reading On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing
On July 27, 2023, Justice Crane of the New York County Commercial Division issued a decision in GLD Legacy Holdings, LLC v. Legacy Educ. Alliance, Inc., 2023 NY Slip Op. 32601(U), holding that a party cannot assert a standing defense in an action to collect on a note when it agreed to waive all defenses . . . Continue reading Party Cannot Assert Standing Defense on Note When it Agreed to Waive All Defenses
On July 31, 2023, Justice Reed of the New York County Commercial Division issued a decision in Clingerman v. Ali, 2023 NY Slip Op. 23237, holding that a dissolved corporation can still be sued and defend itself . . . Continue reading Dissolved Corporation Can Still be Sued and Defend Itself
On July 28, 2023, the Fourth Department issued a decision in Greco v. Syracuse ASC, LLC, 2023 NY Slip Op. 03987, holding that a plaintiff asserting claims arising from a data breach lacked standing because of the lack of allegations of damage resulting from the breach . . . Continue reading Claim Arising Data Breach Dismissed for Lack of Allegations of Actual Injury Resulting from the Breach
On May 25, 2023, the First Department issued a decision in SureFire Dividend Capture, LP v. Industrial & Commercial Bank of China Fin. Servs. LLC, 2023 NY Slip Op. 02841, holding that a fraud claim relating to a contract or note can be assigned, but that the agreement transferring the claim must show an intent to transfer the claim . . . Continue reading Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer
