On December 30, 2024, Justice Patel of the New York County Commercial Division issued a decision in Acrisure, LLC v. Woodruff-Sawyer & Co., 2024 NY Slip Op. 34540(U), holding that it is not necessary for a plaintiff to bring
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Defendants Required to Pay Cost of Plaintiff’s Motion for Default as Condition for Denying the Motion
On December 31, 2024, Justice Masley of the New York County Commercial Division issued a decision in Universal Inv. Advisory SA v. Bakrie Telecom Pte, Ltd, 2024 NY Slip Op. 34541(U), requiring defendants to pay the cost of the…
Misappropriation of Trade Secret Claim Dismissed for Failure Adequately to Allege Steps to Keep Information Secret
On December 20, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SkyX Group Inc v. Foundation for a Smoke Free World, 2024 NY Slip Op. 34550(U), holding that the plaintiff failed to state…
Court Orders the Distribution of the Value of a Law Firm’s Contingency Cases
On January 2, 2025, Justice Crane of the New York County Commercial Division issued a decision in White v. Vaccaro, 2025 NY Slip Op. 30013(U), distributing the value of a law firm’s contingency cases, explaining:
The court now moves…
Failure to Comply With Conditional Sanctions Order Results in Defendant’s Answer Being Struck
On January 6, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Abuzaid v. Almayouf, 2025 NY Slip Op. 30036(U), striking a defendant’s answer for failure to comply with a conditional discovery order, explaining:…
Motion is Not Frivolous Simply Because it Was Unlikely to Succeed
On January 2, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Khedouri v. Gabriel, 2025 NY Slip Op. 30034(U), holding that a motion is not frivolous simply because it was unlikely to succeed,…
Court Excuses Failure Timely to Move for Default Judgment
On January 6, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bank of India, N.Y. Branch v. Anaya Gems, Inc., 2025 NY Slip Op. 30054(U), excusing the failure timely to move for default…
Failure to Read Contract No Defense to its Validity
On December 30, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2024 NY Slip Op. 51779(U), holding that the failure to read a contract was no…
Counsel May Withdraw from Representation Because it Was Not Paid
On January 6, 2025, Justice Reed of the New York County Commercial Division issued a decision in Miller v. 22 Ericsson Owner LLC, 2025 NY Slip Op. 50004(U), allowing counsel to withdraw for non-payment, explaining:
It is well settled…
Nail and Mail Service Ineffective When Process Server Did Not Exercise Sufficient Diligence in Attempting to Serve Defendant
On January 8, 2025, the Second Department issued a decision in Creswell Invs., Ltd. v. Brazil+Q1 Ltd., 2025 NY Slip Op. 00081, holding that nail and mail service was ineffective when the process server failed to exercise sufficient diligence…