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March 3, 2023 Court Grants Motion To Dismiss Negligence Claims Against Bank
In a Decision and Order, dated January 10, 2023, in Q3 Inv. Recovery Veh. LLC v. McEvoy, Index No. 657090/2020, Justice Andrea Masley granted Signature Bank’s motion to dismiss the amended complaint against it. Plaintiff had alleged that Signature was negligent and grossly negligent for permitting investor funds deposited into an account at Signature to be fraudulently transferred out of the account rather than invested in a cryptocurrency exchange. Noting that under New York law banks do not usually owe non-customers a duty to protect them from the intentional torts of their customers, the Court noted there was an exception for trust accounts or fiduciary accounts. The Court explained: Read More
February 8, 2023 Correspondence Not "Documentary Evidence" When Its Contents Are Not "Essentially Undeniable"
On January 20, 2023, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision in American Challenger Development Corp. v. Credit Suisse AG, Cayman Islands Branch, 2023 NY Slip Op 30219(U), holding that a "Termination Notice" was not "documentary evidence" under C.P.L.R. 3211(a)(1) because its contents were not "essentially undeniable," explaining: Read More
February 11, 2022 Summary Judgment in Lieu of Complaint Based on Guaranty Appropriate Even When Court Must Also Look to Underlying Loan Agreement
On December 23, 2021, Justice Margaret Chan of the New York County Commercial Division issued a decision in BSP Agency LLC v. Katzoff, 2021 NYLJ LEXIS 1310, granting the plaintiff's motion for summary judgment in lieu of complaint on a guaranty, and rejecting the defendant's argument that summary judgment in lieu of complaint was unavailable because the court had to look to the underlying loan agreement to determine liability, holding: Read More
February 2, 2022 Denial of Motion to Dismiss on Legal Grounds Does Not Necessarily Entitle Plaintiff to Summary Judgment
On January 5, 2022, Justice Margaret Chan of the New York County Commercial Division issued a decision in SL Globetrotter, L.P. v. Suvretta Capital Mgmt., LLC, 2022 N.Y. Slip Op. 30076(U), denying a plaintiff's motion for summary judgment on liability and rejecting the plaintiff's argument that the court's decision denying defendants' motion to dismiss entitled plaintiff to summary judgment, explaining: Read More
July 9, 2021 Tax Returns Are Not 3211(a)(1) Documentary Evidence
On June 28, 2021, Justice Livote of the Queens County Commercial Division issued a decision in Matte… Read More
June 17, 2021 Party May Amend Complaint as of Right While Motion to Dismiss is Pending
On May 20, 2021, the First Department issued a decision in Roam Capital, Inc. v. Asia Alternatives M… Read More
August 21, 2020 Standard for Amending a Complaint Lower Than Standard for Surviving a Motion to Dismiss
On August 19, 2020, the Second Department issued a decision in Katz v. Hampton Hills Assoc. Gen. Par… Read More
February 23, 2020 Court Denies 3211(a)(1) Motion to Dismiss Based on E-mails
On February 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More
January 17, 2020 E-mails and Unsigned Documents Not Documentary Evidence Under CPLR 3211(a)(1)
On December 18, 2019, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Comme… Read More
November 3, 2019 Suit Stayed in Favor of Prior Pending Federal Action
On October 15, 2019, Justice Borrok of the New York County Commercial Division issued a decision iss… Read More
October 15, 2019 Plaintiff May Not Move to Amend Complaint After Complaint Has Been Dismissed
On October 1, 2019, the First Department issued a decision in Tanner v. Stack, 2019 NY Slip Op. 0703… Read More
October 4, 2019 Action is Not First Filed Action for CPLR 3211(a)(4) Purposes if Summons With Notice is Not Followed by Complaint
On September 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
August 31, 2019 Filing Amended Complaint Did Not Moot Pending Motion to Dismiss
On August 22, 2019, the Fourth Department issued a decision in Paramax Corp. v. VoIP Supply, LLC, 20… Read More
July 8, 2019 Policy Notices Submitted by Defendant Insurer Not 3211(a)(1) Documentary Evidence
On June 26, 2019, the Second Department issued a decision in Magee-Boyle v. Reliastar Life Ins. Co. … Read More
June 20, 2019 Group Pleading Renders Fraud Claim Insufficient
On June 7, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Arent… Read More
May 18, 2019 Party Asserting Lack of Service as an Affirmative Defense Must Move for Judgment on that Defense Within 60 Days of Answering
On May 8, 2019, the Second Department issued a decision in U.S. Bank N.A. v. Roque, 2019 NY Slip Op… Read More
May 15, 2019 Joining Co-Defendants' Motion to Dismiss Tolled Party's Time to Answer
On May 2, 2019, the First Department issued a decision in Levine v Singal, 2019 NY Slip Op. 03438, … Read More
April 30, 2019 Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution
On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip … Read More
March 7, 2019 Action Dismissed For Failure Timely to Serve Summons and Complaint
On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in P… Read More
October 4, 2018 Defendant May Not Move to Dismiss Claims Against Other Defendants
On September 17, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 4, 2018 Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal
On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller… Read More
September 3, 2018 Proposed Amendment Fails to Allege a Joint Venture
On August 16, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
August 29, 2018 Court Declines to Dismiss Action Brought By Summons With Notice On Ground That it Was Insufficiently Detailed
On August 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
July 1, 2018 Court Rejects Unsigned Agreement Offered as Documentary Evidence Under 3211(a)(1)
On June 18, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in T… Read More
June 7, 2018 Court Rejects 3211(a)(7) Motion That Relied on Documentary Evidence
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Te… Read More
May 15, 2018 Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Ov… Read More
May 10, 2018 Claim Dismissed for Being "Conclusory and Lacking in Factual Specificity"
On May 3, 2018, the First Department issued a decision in Publications International, Ltd. v. Phoeni… Read More
April 20, 2018 Law Office Error Excused; Motion to Compel Plaintiff to Accept Answer Granted
On April 12, 2018, the First Department issued a decision in Naber Electric v. Triton Structural Con… Read More
April 5, 2018 Defendant Waived Personal Jurisdiction Defense by Not Moving to Dismiss Within 60 Days of Answer
On March 28, 2018, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Cajas, 2018 … Read More
March 23, 2018 Prior Tenant Not Necessary Party to Action for Damages Arising From Later Tenant's Tenancy
On March 20, 2018, the First Department issued a decision in Almah LLC v. AIG Empl. Servs., Inc., 20… Read More
March 12, 2018 Purchase Agreement is Documentary Evidence Despite Being Redacted
On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 10, 2018 Court Denies Stay Despite Necessary Party Being Bankrupt
On February 6, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 30, 2017 Court Erred in Converting Motion to Dismiss into Motion for Summary Judgment
On November 28, 2017, the First Department issued a decision in Island Intellectual Prop. LLC v. Rei… Read More
August 24, 2017 Letters, Affidavits and Transcripts Not 3211(a)(1) Documentary Evidence
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
July 1, 2017 Affidavit With E-mails and Account Analysis Not Documentary Evidence
On June 13, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in N… Read More
May 17, 2017 First-Filed New York Action Dismissed in Favor of More Comprehensive Texas Action
On May 9, 2017, the First Department issued a decision in IRX Therapeutics, Inc. v. Landry, 2017 NY … Read More
March 7, 2017 No Dismissal Because of Prior Pending Action; Relief Sought Not Substantially the Same
On February 23, 2017, the First Department issued a decision in Wimbledon Financing Master Fund, Lt… Read More
February 20, 2017 First-in-Time Analysis Under CPLR 3211(a)(4) Based on Filing of Summons With Notice
On January 12, 2017, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in… Read More
December 26, 2016 Court Agrees to Decide Late-Filed Motion to Dismiss
On December 8, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 4, 2016 Dismissal of Subsequent New York Action Under First-in-Time Rule Proper
On October 26, 2016, the Second Department issued a decision in Seneca Specialty Insurance Co. v. T.… Read More
November 3, 2016 Action Should Have Been Dismissed Under First-to-File Rule
On October 27, 2016, the First Department issued a decision in Wachtell, Lipton, Rosen & Katz v. CVR… Read More
August 31, 2016 Plaintiff Required to Replead Alleged Oral Agreement With More Detail
On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 27, 2016 Motion to Amend Denied for Failure to Show or Explain and Justify Changes
On August 17, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 5, 2016 Fact Questions Regarding Board's Good Faith Valuation of Shares Precludes Dismissal
On July 25, 2016, Justice Singh of the New York County Commercial Division issued a decision in Sale… Read More
July 27, 2016 Complaint Dismissed, Fees Awarded, for Disclosing Confidential Settlement Negotiations
On July 12, 2016, Justice Ramos of the New York County Commercial issued a decision in Board of Mana… Read More
June 26, 2016 Law of the Case Does Not Apply When a Summary Judgment Motion Follows Motion to Dismiss
On June 15, 2016, Justice Bransten of the New York County Commercial Division issued a decision in K… Read More
April 23, 2016 Motion to Dismiss Based on Testimony in Other Actions Denied; Questions of Fact Remain
On March 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 21, 2016 Court Refuses to Dismiss Action Based on Insufficiently-Detailed Summons With Notice
On March 9, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
March 19, 2016 Litigant Waived Right to Enforce Forum Selection Clause
On March 3, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
March 6, 2016 Complaint Should Not Have Been Dismissed Despite Difficulty of Proving Damages Alleged at Trial
On March 2, 2016, the Second Department issued a decision in Vasomedical, Inc. v. Barron, 2016 NY Sl… Read More
March 1, 2016 Lender Had Right to Refuse to Close Financing Transaction
On February 25, 2016, the First Department issued a decision in MCAP Robeson Apartments L.P. v. Muni… Read More
January 13, 2016 Suit on Note Stayed in Favor of Prior Pending Foreclosure Action in Another State
On January 6, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in We… Read More
January 5, 2016 Court Should Not Intervene to Enable Wrongdoer to Obtain Fruits of its Crime
On December 29, 2015, the First Department issued a decision in B.D. Estate Planning Corp. v. Tracht… Read More
November 16, 2015 Court Examines Standard for Motion to Dismiss When Defendant Submits Evidentiary Material
On November 12, 2015, the Second Department issued a decision in Shofel v. DaGrossa, 2015 NY Slip Op… Read More
September 23, 2015 Claims Against Con Edison Dismissed Under Filed Rate Doctrine
On September 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in… Read More
August 1, 2015 Tortious Interference Claim Dismissed Based on Noerr-Pennington Doctrine
On July 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 22, 2015 In Deciding Motion to Amend, Court Not Required to Accept Allegations As True
On June 30, 2015, the First Department issued a decision in Boaz Bag Bag v. Alcobi, 2015 NY Slip Op.… Read More
July 18, 2015 Action Dismissed in Favor of Other Pending Action
On May 7, 2015, Justice Grays of the Queens County Commercial Division issued a decision in A&N Food… Read More
July 13, 2015 Action Dismissed as Abandoned Because Plaintiff Had No Reasonable Excuse for Not Prosecuting Case
On June 17, 2015, the Second Department issued a decision in Ohio Savings Bank v. Decaudin, 2015 NY … Read More
July 12, 2015 Court Should Not Have Allowed Party to Discontinue to Avoid Decision on Motion to Dismiss
On June 18, 2015, the First Department issued a decision in Jericho Group, Ltd. v. Mid-Town Developm… Read More
April 28, 2015 Defects in Summons Require Dismissal of Action Brought By Motion For Summary Judgment In Lieu of Complaint
On April 17, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 9, 2015 E-mail Correspondence Can Be Documentary Evidence Under CPLR 3211(a)(1)
On April 2, 2015, the First Department issued a decision in Kolchins v. Evolution Markets, Inc., 201… Read More
April 8, 2015 Claim for Breach of Covenant of Good Faith Permissible Where Not Duplicative
On April 2, 2015, the First Department issued a decision in Delta Dallas Alpha Corp. v. South St. Se… Read More
April 6, 2015 Client Q&A: How can I get rid of a baseless lawsuit without going all the way to trial?
How can I get rid of a baseless lawsuit without going all the way to trial? By Vitali S. Rosenfeld T… Read More
March 29, 2015 Court Explores Scope of One Motion Rule
On March 20, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
November 6, 2014 Forum Selection Clause Not Enforced When Neither Parties Nor Agreement Connected to Chosen Forum
On November 5, 2014, the Second Department issued a decision in U.S. Merchandise, Inc. v L&R Dis… Read More
September 28, 2014 Post-Answer Motion to Dismiss Converted to Motion for Summary Judgment
On September 18, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
September 3, 2014 First Department Decisions Address Use of Emails As "Documentary Evidence" For Motion to Dismiss
On August 28, 2014, the First Department issued decisions in Amsterdam Hospitality Group, LLC v. Mar… Read More
July 30, 2014 When no Present Claim and a Subsequent Dispute Would be New and Distinct, Party not Necessary Under CPLR 1001
On July 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 27, 2014 Class Not Certified When Plaintiff's Evidence of Class Size is Insufficient
On June 24, 2014, Justice Platkin of the Albany County Commercial Division issued an opinion in Pica… Read More
July 25, 2014 Even Where CPLR 3211(a)(4) Does Not Require Dismissal, Cases Can be Consolidated
On July 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 23, 2014 Commercial Division Applies Delaware Demand Futility Pleading Rules
On July 3, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
July 15, 2014 Consequential Damages Not Available When Not Contemplated at the Time of Contracting
On July 2, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
July 14, 2014 Insurer Could Not Use Tort Theory to Transfer Back to Insured Risks the Insurer Had Assumed
On July 3, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in A… Read More
July 1, 2014 Contract and Quasi-Contract Claims Based On Oral Modification to Contract Survive Despite "No Oral Modification" Clause
On June 25, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Laqu… Read More
June 14, 2014 Personal Guaranty Unenforceable Because Loan was Usurious
On June 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sasid… Read More
June 10, 2014 Boilerplate Affirmative Defenses are Subject to Dismissal
On June 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Amazo… Read More
June 6, 2014 Parties Who Agree to Negotiate are not Bound to Negotiate Indefinitely
On June 5, 2014, the Court of Appeals issued a decision in IDT Corp. v. Tyco Group, S.A.R.L., 2014 N… Read More
May 6, 2014 Defamation Claim Dismissed Because Not Pled With Particularity
On April 23, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
May 3, 2014 No Fraud Without Justifiable Reliance on Alleged Misrepresentation
On May 1, 2014, the First Department issued a decision in Mosaic Caribe, Ltd. v. AllSettled Group, I… Read More
April 28, 2014 Damages Limitations Clause Enforceable Even When it Leaves Plaintiff Without a Remedy
On April 14, 2014, Justice Pines of the Suffolk County Commercial Division issued a decision in J. P… Read More
April 20, 2014 Malicious Prosecution and Abuse of Process Claims Dismissed for Failure to Meet Heavy Pleading Burden
On April 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
April 5, 2014 Compliance with Notice and Cure Provision Condition Precedent to Bringing Suit
On March 28, 2014, the Fourth Department issued a decision in Accadia Site Contracting, Inc. v. Erie… Read More
March 4, 2014 Unjust Enrichment Claim Viable Even Though Defendant Committed No Wrongful Act Against the Defendant
On February 26, 2014, the Second Department issued a decision in Alan B. Greenfield, M.D., P.C. v. B… Read More
March 1, 2014 Settlement Term Sheet Enforceable Despite Statement That Formal Papers Would Be Executed
On February 27, 2014, the First Department issued a decision in Trolman v. Trolman, Glaser & Li… Read More
February 23, 2014 Complaint to Reform Contract Dismissed for Failure to Join All Parties to Contract
On February 5, 2014, New York County Commercial Division Justice Bransten issued a decision in Oppen… Read More
February 19, 2014 Court Grants Reargument When it Fails to Address Argument Made in Footnote
On February 6, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
February 18, 2014 Case Against New Jersey Defendants Dismissed for Lack of Personal Jurisdiction
On February 18, 2014, the First Department issued a decision in SunLight General Capital LLC v. CJS … Read More
February 7, 2014 Defendants Succeed in Limiting Most of the Categories of Damages in Lawsuit; Punitive Damages Claim Survives
On January 23, 2014, Justice Marks of the New York County Commercial Division issued a decision in J… Read More
February 6, 2014 Motion to Dismiss May be Used to Limit Damages Theories Even if Claims Survive
On February 5, 2014, the Second Department issued a decision in Hecht v. Andover Associates Manageme… Read More
February 4, 2014 Landlord's Alleged Role in Frustrating Achievement of Contract's Purpose Allows Claim for Breach of Duty of Good Faith and Fair Dealing to Survive Motion to Dismiss
On January 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 1, 2014 Derivative Action Dismissed for Failure Adequately to Plead Demand Futility
On January 21, 2014, Justice Kapnick of the New York County Commercial Division issued a decision i… Read More
January 7, 2014 Failure To Comply With Pre-Suit Notice Requirement Nullifies Action
On January 3, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
December 20, 2013 Legal Malpractice Claim Survives Despite No Allegation of Attorney-Client Relationship
On December 18, 2013, the Second Department issued a decision in Mr. San, LLC v. Zucker & Kweste… Read More
December 17, 2013 Whether Liquidated Damages Clause is Unenforceable Penalty is Fact Question
On December 6, 2013, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 13, 2013 Dispute Over Authentiticy Precludes Dismissal Based on Documentary Evidence
On December 12, 2013, the First Department issued a decision in Laurel Hill Advisory Group, LLC v. A… Read More
December 7, 2013 First Department Applies De Facto Merger Doctrine in Reversing Grant of Motion to Dismiss
On November 14, 2013, the First Department issued a decision in ePlus Group Inc. v. SNR Denton LLP,… Read More
November 24, 2013 Leave to Re-Plead Already Dismissed Claims Denied
On November 12, 2013, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 23, 2013 Jurisdictional Claims Survive But Only Jurisdictional Discovery Allowed
On November 20, 2013, the Second Department issued a decision in Goel v. Ramachandran, 2013 N.Y. Sli… Read More
November 17, 2013 Contract-Related Claims Dismissed Despite Allegation that Provisions Were Added Surreptitiously or by Mistake
On November 14, 2013, the First Department issued a decision in VFS Fin. v. Insurance Servs. Corp.,… Read More
November 16, 2013 Claim for Breach of NDA Allowed to Proceed While All Tort Claims Relating to the Alleged Breach Are Dismissed on the Pleadings
On November 7, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
November 16, 2013 Decision Illustrates the Danger of Overreaching in Pleading
On November 7, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
November 14, 2013 Lease Clause Requiring Commercially Reasonable Efforts Strictly Construed Against Plaintiffs
On November 14, 2013, the Court of Appeals issued a decision in JFK Holding Company LLC v. City of N… Read More
November 9, 2013 Foreign Derivative Claims Face Hurdles in NY Courts
On October 22, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
October 30, 2013 Res Judicata Bars Claims Arising During Prior Lawsuit
On October 29, 2013, the First Department issued a decision in Jumax Assoc. v. 350 Cabrini Owners Co… Read More
October 29, 2013 Documentary Evidence Refutes Allegation that Defendant was Party to Contract
On October 16, 2013, the Second Department issued a decision in Kalmon Dolgin Affiliates, Inc. v. To… Read More