- Posted: April 21, 2025 / Commercial Division Blog
Court Denies Motion To Dismiss Breach of Contract Counterclaim on Third-Party Beneficiary Theory
On January 30, 2025, Justice Andrea Masley denied plaintiff’s motion to dismiss defendant’s counterclaim for breach of contract. Canara Bank, London Branch v. MVP Group International, Inc., Index No. 654602/2023. The Court explained: Read More
- Posted: April 18, 2025 / Commercial Division Blog
Reliance On A Party’s Statement That An Action Had Been “Resolved” Sufficed To Excuse Default
On January 31, 2025, Justice Joel M. Cohen granted a motion to vacate default where the defaulting party asserted that it had relied on a statement made by another party that the action had been “resolved in its favor.” In Monex Canada, Inc. v. Bank of America, N.A., et al., Index No. 655076/2023, the plaintiff, Monex Canada, Inc., obtained a default judgment against Defendant Auto Cargo International LLC. Auto Cargo moved to vacate the default, arguing that the Court lacked personal jurisdiction and that it had a reasonable excuse and meritorious defense. The Court agreed that Auto Cargo had a reasonable excuse, explaining: Read More
- Posted: April 16, 2025 / Commercial Division Blog
Court Grants Motion To Substitute Successor Entity Despite Objections About Its Impact On Ongoing Discovery
On January 31, 2025, Justice Andrew Borrok granted a motion to substitute the plaintiff entities for their successors despite objections from the defendant concerning the substitution’s impact on ongoing discovery. In NG Crown 20 E. 46th Street LLC, et al. v. 18-20/22 East 46th Street LLC, Index No. 656817/2022, the Court overruled the defendant’s objections, explaining: Read More
- Posted: April 14, 2025 / Commercial Division Blog
Court Grants Motion To Strike Interrogatory Responses Concerning Calculations of Damages Foreclosed By Prior Court Rulings
On March 3, 2025, Justice Andrea Masley granted, in part, a motion to strike interrogatory responses that included calculations of damages foreclosed by prior court rulings. In Richard Hobish, et al., v. AXA Equitable life Insurance Company, Index No. 650315/2017, Defendant AXA Equitable Life Insurance Company asked the Court to strike the plaintiff’s damages calculations on the grounds that they were unsupported by the allegations and prior Court rulings, affirmed by the Appellate Division, had rejected the plaintiff’s theories of consequential and restitutionary damages. The Court granted the motion in part, explaining: Read More
- Posted: April 11, 2025 / Commercial Division Blog
Duty To Perform Actions Not Required by Contract Will Not Be Imputed To Save Contract Claim From Dismissal
On January 30, 2025, Justice Meilssa A. Crane granted defendants’ motion to dismiss a contract claim that alleged breach through defendants’ failure to prepare a revised preliminary valuation that the contract did not require. The case is Gurney-Goldman v. Solil Management, LLC et al., Index No. 655549/2023. Read More
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