- Posted: September 23, 2022 / Commercial Division Blog
Fee Recovery Allowed Against a Foreign Party Where Party’s SLAPP Suit Was Dismissed
On September 15, 2022, Justice Schecter of the New York County Commercial Division issued a decision in Moby S.P.A. v. Stanley, 2022 NYLJ LEXIS 1241 holding that a where a foreign plaintiff filed a baseless anti-SLAPP suit that was dismissed, the prevailing party could recover attorney’s fees. Read More
- Posted: September 21, 2022 / Commercial Division Blog
Counterclaim Properly Dismissed Where Issue Was Adjudicated in Prior Arbitration
On July 28, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Firescu v Diamond, 2022 NY Slip Op 32574(U) holding that a counterclaim should be dismissed on a theory of collateral estoppel where the issue was previously decided by an arbitration panel. Read More
- Posted: September 19, 2022 / Commercial Division Blog
Default Judgment Proper Where Defendant Failed to Respond and Plaintiff Submitted Proof of Service and Evidence of Merits
On September 6, 2022, Justice Reed of the New York County Commercial Division issued a decision in Excelsia Leatherware Co. v. Horowitz, 2022 NY Slip Op 50847(U) holding that a party was entitled to a default judgment where the defendant failed to respond to the complaint and the plaintiff submitted proof of service and evidence proving the claim. Read More
- Posted: September 16, 2022 / Commercial Division Blog
Demand Futility Precludes Dismissal for Failure to Make Demand on Board of Managers
In an Opinion, dated August 25, 2022, in Uniloeb Holdings LLC v. Shamus, Justice Andrew Borrok largely denied Defendants’ motion to dismiss. In particular, with respect to defendants’ claim that the action should be dismissed due to plaintiff’s failure to make a demand on the Board of Managers, the Court explained. Read More
- Posted: September 14, 2022 / Commercial Division Blog
Settlement Agreement Can Be An Instrument for the Payment of Money Only Under CPLR 3213
In an Opinion dated July 25, 2022, in Newco Capital Group VI, LLC v. Teleescrow, Inc. and Tristan Desechenes, Justice Melissa Anne Crane granted plaintiff’s motion for summary judgment in lieu of complaint as to the amount in the settlement agreement. Read More
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