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
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When Outcome Mixed, Neither Party Entitled to Fees as Prevailing Party
By John Lundin
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,…
Affirmative Defenses Struck for Lack of Supporting Allegations
By John Lundin
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, explaining:
ARC…
Plaintiff Not Entitled to Lost Profits Damages Because They Were not Contemplated by the Parties
By John Lundin
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…
Party’s Answer Should Not Have Been Struck as a Contempt Sanction
By John Lundin
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, explaining:
Supreme Court should…
Spoliation Claim Fails for Lack of Culpable State of Mind
By John Lundin
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, explaining:…
It is Inappropriate to Issue a Coercive Contempt Punishment if Contemnor is Not Going to Respond to the Coercion
By John Lundin
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…
Claim For Failure to Pay Did Not Accrue Until Condition Requiring Payment Was Met
By John Lundin
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…
GBL Claim Fails for Lack of Broad Impact on Consumers at Large
By John Lundin
On November 8, 2023, the Second Department issued a decision in Multani v. Castlepoint Ins. Co., 2023 NY Slip Op. 05614, holding that a GBL claim failed for lack of a broad impact on consumers at large, explaining:
To…
Affidavit Describing Business Records is Insufficient to Prove the Existence of Those Records
By John Lundin
On November 8, 2023, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Carrington, 2023 NY Slip Op. 05632, holding that a supporting affidavit describing business records is insufficient to prove the existence of those records,…