On April 23, 2025, the Second Department issued a decision in Kraus v. Credit Control Servs., Inc., 2025 NY Slip Op. 02336, holding that a FDCPA claim failed for insufficient allegations of damages, explaining:
A plaintiff, in order to
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New Film About the Commercial Division
By John Lundin
The Commercial Division Advisory Council and the Historical Society of the New York Courts recently released a new film discussing the Commercial Division. It features the chief legal officers of prominent companies and prominent state court judges.
Parties Benefitting from Agreement Bound by its Arbitration Provision
By John Lundin
On April 24, 2025, the First Department issued a decision in Matter of Wiener v. Gibson, Dunn & Crutcher LLP, 2025 NY Slip Op. 02432, holding that parties that parties that benefitted from an agreement were bound by its…
Advertising Mentioning a Business’s Proximity to New York Insufficient to Create Personal Jurisdiction in New York
By John Lundin
On February 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Pepsico, Inc. v. Crystal Springs Resorts/Minerals Hotel, 2025 NY Slip Op. 50515(U), holding that advertising mentioning a business’s proximity to New York was…
Plaintiff Ordered to Produce Witness Who Lived Outside the US for an In-Person Deposition in New York
By John Lundin
On April 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in DOIT Hospitality Del. LLC v. Reuben Bros. Ltd., 2025 NY Slip Op. 50532(U), ordering a plaintiff to produce a witness who lived…
Party That Sold its Interest in Property Lacked Standing to Defend a Foreclosure Action Relating to It
By John Lundin
On April 16, 2025, the Second Department issued a decision in Nechadim Corp. v. 500 Putnam St. Realty, LLC, 2025 NY Slip Op. 02214, holding that a party that sold its interest in property lacked standing to defend a…
Party That Did Not Sign Agreement to Arbitrate Allowed to Enforce the Provision Against a Signatory
By John Lundin
On April 17, 2025, the First Department issued a decision in Soloway v. CIM Group, LLC, 2025 NY Slip Op. 02285, allowing a party that did not sign an agreement to arbitrate to enforce the arbitration provision, explaining:
Plaintiff…
Service by Mail is Complete on Mailing, Even if the Mailing is Not Received
By John Lundin
On December 16, 2024, Justice Jamieson of the Westchester County Commercial Division issued a decision in U.S. Bank Trust N.A. v. Smith, 2024 NY Slip Op. 51857(U), holding that service by mail is complete on mailing, even if the…
Fees on Fees Not Available Unless Explicitly Provided For
By John Lundin
On April 1, 2025, Justice Cohen of the New York County Commercial Division issued a decision in 242 Tenth Invs. LP v. GVC 242 Tenth Sponsor, LLC, 2025 NY Slip Op. 31118(U), holding that fees on fees are not…
Bankruptcy Stay Does Not Bar Proceeding Against Non-Debtor Defendants
By John Lundin
On March 31, 2025, Justice Chan of the New York County Commercial Division issued a decision in Ragab v. SHR Capital Partners LLC, 2025 NY Slip Op. 31157(U), holding that the bankruptcy stay does not bar proceedings against non-debtor…