On April 1, 2021, the First Department issued a decision in Kim v. Francis, 2021 NY Slip Op. 02072, dismissing an appeal for failure to provide proof of service of the record and appeal brief . . .
On April 1, 2021, the First Department issued a decision in Levin v. Salvini, 2021 NY Slip Op. 02074, holding that incidental beneficiaries to a contract cannot bring third-party beneficiary claims . . .
On March 31, 2021, the Second Department issued a decision in Capital One Taxi Medallion Fin. v. JEB Mgt. Corp., 2021 NY Slip Op. 01960, holding that the waiver of defenses in a guaranty prevented the guarantor from asserting affirmative defenses to the guaranty’s enforcement . . .
On March 31, 2021, the Second Department issued a decision in Robinson & Yablon, P.C. v. Sacco & Fillas, LLP, 2021 NY Slip Op. 02003, denying predecessor counsel in a contingency action any share of a contingency fee . . .
On March 30, 2021, the First Department issued a decision in Advanced Aerofoil Tech. AG v. MissionPoint Capital Partners LLC, 2021 NY Slip Op. 01938, affirming the exclusion of expert reports and a damages theory because the defendant had not been put on notice of them or the evidence upon which they were based until receiving the expert reports in advance of trial . . .
On March 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Impact Car Park, LLC v. Mutual Redevelopment Houses, Inc., 2021 NY Slip Op. 30950(U), holding a non-party in contempt for failing to produce documents in response to a subpoena . . .
On March 25, 2021, Justice Reed of the New York County Commercial Division issued a decision in Cortlandt St. Recovery Corp. v. Bonderman, 2021 NY Slip Op. 21074, rejecting an over-broad motion to seal court records . . .
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 . . .
On March 25, 2021, the First Department issued a decision in United States Life Ins. Co. in the City of N.Y. v. Horowitz, 2021 NY Slip Op. 01877, holding that a release did not bar a Judiciary Law Section 487 claim . . .
On March 25, 2021, the First Department issued a decision in Ninth Space LLC v. Goldman, 2021 NY Slip Op. 01853, holding that to be liable for a fraudulent transfer, a defendant must have been a transferee or otherwise benefitted from the transfer . . .