On June 13, 2025, Justice Patel of the New York County Commercial Division issued a decision in APMSF Inv. LLC v. PM Mezz Buyer LLC, 2025 NY Slip Op. 32117(U), enforcing a liquidated damages clause, explaining:
Plaintiff moves for
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Statue of Frauds Bars Claim Based on Oral Agreement Not Capable of Performance in One Year, but Quasi-Contract Claims Survive
By John Lundin
On June 18, 2025, the Second Department issued a decision in Bardy v. Bonnem, 2025 NY Slip Op. 03698, holding that the statute of frauds barred a claim based on an oral agreement not capable of performance in one…
Waiver Argument Fails for Lack of Evidence of Clear Manifestation of Intent to Relinquish a Known Right
By John Lundin
On June 17, 2025, the First Department issued a decision in Board of Mgrs. of the Alfred Condominium v. Miller, 2025 NY Slip Op. 03647, holding that a waiver argument failed for lack of evidence showing a clear manifestation…
Mediation Statement Not Subject to Discovery on Relevance Grounds
By John Lundin
On June 17, 2025, the First Department issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 03659, holding that a confidential mediation statement was not subject to discovery on relevance grounds,…
Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service
By John Lundin
On June 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Westchester Community Coll. v. Bekoe, 2025 NY Slip Op. 50937(U), holding that nail and mail service was ineffective when there was insufficient diligence…
Summary Judgment in Lieu of Complaint Denied Where There Were Fact Issues Regarding Whether the Note Was in Default and Thus Accelerated
By John Lundin
On May 19, 2025, Justice Bannon of the New York County Commercial Division issued a decision in YA II PN, Ltd. v. Triller Group Inc., 2025 NY Slip Op. 31974(U), denying summary judgment in lieu of complaint where there…
Claim for Conversion did not Accrue Until Defendant was on Notice of Plaintiff’s Alleged Ownership Notwithstanding Defendant’s Failure to Conduct Due Diligence Regarding Ownership
By John Lundin
On June 2, 2025, Justice Masley of the New York County Commercial Division issued a decision in Gammon Collection Inc. v. Athena Art Fin. Corp., 2025 NY Slip Op. 31945(U), holding that a claim for conversion did not accrue…
Statute of Frauds Does Not Bar Oral Agreement to Provide Information Used to Facilitate Sales
By John Lundin
On May 23, 2025, Justice Patel of the New York County Commercial Division issued a decision in Essence Communications LLC v. Group Black Inc., 2025 NY Slip Op. 31934(U), holding that the Statute of Frauds, which bars oral agreements…
Party That Moved For Summary Judgment Before Discovery Was Complete Cannot Seek Renewal Based Upon Post-Motion Discovery
By John Lundin
On June 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Cullinan v. New York Univ., 2025 NY Slip Op. 50945(U), holding that where a party moved for summary judgment before discovery was…
Alter Ego Found Where Defendant Did Not Maintain Separate Accounts or Observe Corporate Formalities
By John Lundin
On June 12, 2025, the First Department issued a decision in Yang v. Knights Genesis Group, 2025 NY Slip Op. 03641, upholding alter ego liability when the defendant did not maintain separate accounts or observe corporate formalities, explaining:
Summary…