- Posted: April 25, 2025 / Commercial Division Blog
Court Denies Motion For Alternative Service
On April 8, 2025, Justice Margaret A. Chan denied plaintiff’s motion for alternative service pursuant to CPLR 308(5) in Yolanda Mgt. Corp. v. MicroAlgo, Inc., Index No. 650956/2024. The Court explained: Read More
- Posted: April 23, 2025 / Commercial Division Blog
Court Grants Motion To Dismiss Fraudulent Inducement Counterclaim As Contradicted By A Negotiated Representation In Agreement
On April 1, 2025, Justice Joel M. Cohen granted plaintiff’s motion to dismiss certain counterclaims, including one for fraudulent inducement. World Host Group US, Inc. v. O’Cloud Ventures, LLC, Index No. 654128/2023. The Court explained: Read More
- 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
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