Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated
Commercial Case Notes / Corporations / Standing

Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated

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 a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing
Commercial Case Notes / Motion to Dismiss / Standing

On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing

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

Party Cannot Assert Standing Defense on Note When it Agreed to Waive All Defenses
Commercial Case Notes / Standing

Party Cannot Assert Standing Defense on Note When it Agreed to Waive All Defenses

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

Claim Arising Data Breach Dismissed for Lack of Allegations of Actual Injury Resulting from the Breach
Commercial Case Notes / Standing

Claim Arising Data Breach Dismissed for Lack of Allegations of Actual Injury Resulting from the Breach

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

Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer
Commercial Case Notes / Contracts / Fraud/Misrepresentation / Standing

Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer

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