On September 25, 2024, the Second Department issued a decision in Joseph v. Rassi, 2024 NY Slip Op. 04548, holding that a party may not unilaterally elect to use a categorical privilege log, explaining:
Pursuant to CPLR 3122(b), whenever
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Ongoing Settlement Negotiations Insufficient Excuse for Failure to Answer
By John Lundin
On September 24, 2024, the First Department issued a decision in 4CS Ltd v. Kahiri Diamonds Ltd, 2024 NY Slip Op. 04513, holding that ongoing settlement negotiations were an insufficient excuse for failing to answer, explaining:
Supreme Court providently…
Offering to Assist in Getting Invoices Paid Does Not Give Rise to an Account Stated Claim
By John Lundin
On September 26, 2024, the First Department issued a decision in TH Fashion Ltd. v. Vince Holding Corp., 2024 NY Slip Op. 04630, holding that offering to assist in getting invoices paid did not give rise to an account…
Injury from Commercial Tort Occurs Where Misconduct Occurs, Not Where Loss Occurs
By John Lundin
On September 26, 2024, the First Department issued a decision in Murray v. Stone, 2024 NY Slip Op. 04611, holding that injury from a commercial tort occurs where the misconduct occurred, not where the economic loss occurred, explaining:
New…
Merger Clause Bars Claim Based on Alleged Oral Agreement
By John Lundin
On September 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Tareb v. 65th St., LLC, 2024 NY Slip Op. 33214(U), holding that a merger clause barred a claim based on an alleged oral…
Subpoena May Not Be Used to Determine if Evidence Exists
By John Lundin
On September 12, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Sojka v. Eisenman, 2024 NY Slip Op. 33212(U), quashing a subpoena because it was intended to determine if evidence existed rather than to…
DOJ Whistleblower Program
In March of 2024, Deputy Attorney General Lisa Monaco, on behalf of the Department of Justice (“DOJ”), announced a new, three-year Corporate Whistleblower Award Pilot Program (the “Pilot Program”), designed to incentivize and reward certain individuals who report corporate wrongdoing. …
Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim
By John Lundin
On September 16, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SLG 810 Seventh Lessee LLC v. Tydel Holding Corp., 2024 NY Slip Op, 33238(U), holding that the scope of an arbitrator’s power is…
Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery
By John Lundin
On September 12, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2024 NY Slip Op. 51265(U), holding that evidence disclosed in settlement discussions is not thereby…
To be Estopped from Challenging Service, Defendant Must Actively Avoid it, Not Just Fail to Facilitate it
By John Lundin
On September 18, 2024, the Second Department issued a decision in Citimortgage, Inc. v. Goldstein, 2024 NY Slip Op. 04453, holding that to be estopped from challenging service, a defendant must actively avoid it, not just fail to facilitate…