On August 26, 2021, the First Department issued a decision in FGP 1, LLC v Dubrovsky, 2021 NY Slip Op 04789, affirming dismissal of a counterclaim for lack of standing holding that counterclaim plaintiffs mischaracterize their claim as one for a declaration to quiet title when it really involves ownership of a Delaware LLC, explaining:... Read more »
Blogs
Posts Categorized: Standing
Claim Related to Hacking of Client Data Dismissed for Lack of Damages
On March 30, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Keach v. BST & Co. CPAs, LLP, 2021 NY Slip Op. 50273(U), dismissing a claim based on the hacking of the defendant’s servers because of the lack of damages, explaining: Whether a person seeking relief is a proper party... Read more »
Dissolved Corporation Can Still Bring Lawsuit
On October 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in 3B Assoc. LLC v. Ecommission Solutions, LLC, 2020 NY Slip Op. 33512(U), holding that a dissolved corporation still can bring a lawsuit, explaining: Moreover, 3B Associates’ proposed amendment is not palpably improper or devoid of merit insofar as... Read more »
Undisclosed Principal May Sue on a Contract Made in its Agent’s Name
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Artemus USA LLC v. Leila Taghinia-Milani Inc., 2020 NY Slip Op. 32958(U), holding that an undisclosed principal may sue on a contract made in its agent’s name, explaining: The Defendants argue that all claims asserted on behalf of... Read more »
Directing RMBS Certificateholder Not “Effective” Plaintiff Causing Suit to Fail for Lack of Standing Under PSA’s No Action Clause
On November 21, 2019, Justice Friedman of the New York County Commercial Division issued a decision in Natixis Real Estate Capital Trust 2007-HE-2 v Natixis Real Estate Capital, Inc., 2019 NY Slip Op. 33438(U), holding that a directing RMBS certificateholder was not the “effective” plaintiff in an RMBS put-back action, which would cause the action... Read more »
Defendant Waives Standing Defense By Failing to Raise it in Answer or Motion to Dismiss
On March 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Framan Mech., Inc. v. Dormitory Auth. of the State of N.Y., 2019 NY Slip Op. 50583(U), holding that a defendant waived its standing defense by failing to raise it in an answer or motion to dismiss, explaining: As a threshold... Read more »
Claim Time-Barred Because it Was Not Assigned to Plaintiff Until After Statute of Limitations Had Run
On February 28, 2019, the First Department issued a decision in Rizack v. Signature Bank, N.A., 2019 NY Slip Op. 01494, holding that a claim was time-barred because it was not assigned to the plaintiff until after the statute of limitations had run, explaining: In September 2007, West End Financial Advisors LLC entered into a... Read more »
A Lawyer’s Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer
On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Cheyne Specialty Fin. Fund L.P., 2019 NY Slip Op. 01124, holding that a lawyer’s failure to have an office in New York does not render void actions filed by that lawyer, explaining: An attorney who is regularly admitted... Read more »
New York Law Applied to Question of Whether Tort Claims Passed to Belgian Assignee
On October 9, 2018, the First Department issued a decision in Royal Park Invs. SA/NV v. Morgan Stanley, 2018 NY Slip Op. 06695, holding that New York law applied to the question of whether tort claims passed to a Belgian assignee, explaining: Unlike substantive law, matters of procedure are governed by the law of the forum... Read more »
Shareholder Has Standing to Sue Corporation’s Counsel for Malpractice
On September 20, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Reines v. Raoul Felder & Partners, P.C., 2018 NY Slip Op. 32332(U), holding that a shareholder had standing to sue the corporation’s counsel for malpractice, explaining: It is well settled that a stockholder has no individual cause of action against... Read more »