On May 23, 2023, Justice Reed of the New York County Commercial Division issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2023 NY Slip Op. 50503(U), holding that a plaintiff was on inquiry notice of a fraud claim notwithstanding the defendant’s denials . . . Continue reading Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials
On May 4, 2023, the First Department issued a decision in MRE Tech. Solutions LLC v. Smiths Detection, Inc., 2023 NY Slip Op. 02387, holding that refusing to negotiate was an insufficient basis for equitable estoppel . . . Continue reading Refusing to Negotiate Insufficient Basis for Equitable Estoppel
On March 29, 2023, the Second Department issued a decision in Blue Lagoon, LLC v. Reisman, 2023 NY Slip Op. 01657, holding that the Governor’s COVID orders tolled the time to respond to a motion for summary judgment in lieu of complaint . . . Continue reading Governor’s COVID Orders Tolled Time to Respond to Motion for Summary Judgment in Lieu of Complaint
On March 30, 2023, the First Department issued a decision in Great Lakes Ins. SE v. American S.S. Owners Mut. Protection & Indem. Assn. Inc., 2023 NY Slip Op. 01742, holding that a plaintiff was entitled to equitable tolling based on a defendant’s failure to make disclosures required by an insurance contract . . . Continue reading Plaintiff Entitled to Equitable Tolling Based on Defendant’s Failure to Make Disclosures Required by Insurance Contract
On March 30, 2023, the First Department issued a decision in MLRN LLC v. U.S. Bank, N.A., 2023 NY Slip Op. 01748, deciding several issues relating to investor claims against RMBS trustees. Continue reading First Department Issues New Decision Relating to Claims Against RMBS Trustees
On March 8, 2023, the First Department heard argument on the appeal in MLRN v. U.S. Bank. Continue reading First Department Hears Appeal in MLRN v. U.S. Bank
On March 2, 2023, the First Department issued a decision in Freedom Trust 2011-2 v. HSBC Bank USA, N.A., 2023 NY Slip Op. 01135, holding that tolling agreements can collectively be made for longer than the statute of limitations period so long as each individual agreement does not exceed the limitations period . . . Continue reading Tolling Agreements Can Collectively Be Made for Longer Than the Limitations Period So Long As Each Individual Agreement Does Not Exceed That Period
On February 22, 2023, the Second Department issued a decision in Prestige Deli & Grill Corp. v. PLG Bedford Holdings, LLC, 2023 NY Slip Op. 01019, holding that the Governor’s Covid tolling orders did not affect the time to cure a breach of a commercial lease . . . Continue reading Governor’s Covid Tolling Orders Did Not Affect Time to Cure Breach of Commercial Lease
On February 14, 2023, the First Department issued a decision in Lazar v. Mor, 2023 NY Slip Op. 00814, holding that a fraud claim was untimely under the two-year discovery rule . . . Continue reading Fraud Claim Untimely Under Two-Tear Discovery Rule
On February 2, 2023, the First Department issued a decision in Andes Petroleum Ecuador Ltd. v. Occidental Petroleum Co., 2023 NY Slip Op. 00481, holding that under New York’s borrowing statute, if the foreign jurisdiction does not have the same claim as New York, the court must use the foreign cause of action most closely analogous to the New York cause of action . . . Continue reading Under Borrowing Statute, if Foreign Jurisdiction Does Not Have Same Claim as New York, Court Must Use Cause of Action Most Analogous to New York Cause of Action
