On February 24, 2021, the Second Department issued a decision in Sutton v. Houllou, 2021 NY Slip Op. 08211, holding that a party that contracted with a non-existent company cannot avoid its obligations under the contract to the persons who signed it on behalf of the non-existent company . . .
On February 18, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Morgan & Mendel Genomics v. Amster Rothstein & Ebenstein, LLP, 2021 NY Slip Op. 30465(U), holding that the loss of patent protection caused by the client’s failure to give its counsel the correct facts cannot be the basis for a legal malpractice claim . . .
On January 27, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, 2021 NY Slip Op. 50119(U), holding that the COVID pandemic was not a basis for a refusal to pay rent under a commercial lease . . .
On February 18, 2021, the First Department issued a decision in Sonenshine Partners, LLC v. Duravant LLC, 2021 NY Slip Op. 01135, holding that an exchange of e-mails was insufficient to create a contract, but could serve as the basis of an unjust enrichment claim . . .
On February 17, 2021, the Second Department issued a decision in Kopelevich & Feldsherova, P.C. v. Geller Law Group, P.C., 2021 NY Slip Op. 01034, upholding sanctions for failure to appear at a deposition . . .
On February 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Bridgecity Capltal QOB LLC v. 1717 E. 8 St LLC, 2021 NY Slip Op. 30406(U), holding that the pandemic-related foreclosure stay did not apply to a commercial foreclosure . . .
On February 8, 2021, Justice Sherwood of the New York County Commercial Division issued a decision in Raven Capital Mgt. LLC v. Georgia Film Fund 72, LLC, 2021 NY Slip Op. 30393(U), rejecting plaintiffs’ attempt to avoid the application of a liquidated damages clause . . .
On February 10, 2021, the Second Department issued a decision in Cordell Marble Falls, LLC v. Kelly, 2021 NY Slip Op. 00833, holding that conclusory allegations were an insufficient basis for a Judiciary Law 487 claim . . .
On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Olam Corp. v. Thayer, 2021 NY Slip Op 30345(U), holding that leave to amend a complaint should be denied if the proposed complaint could not survive a motion to dismiss . . .
On February 8, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Stein v. United Wind, Inc., 2021 NY Slip Op. 50095(U), holding that a plaintiff had failed to make the strong showing needed to avoid the enforcement of a forum selection clause . . .