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 . . .
On February 9, 2021, the First Department issued a decision in Eros Intl., PLC v. Mangrove Partners, 2021 NY Slip Op. 00794, upholding the dismissal of a defamation claim because the statements complained of were statements of opinion . . .
On February 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in People v. Allen, 2021 NY Slip Op. 30334(U), holding that the state Attorney General can bring a breach of contract claim against an investment advisor . . .
On February 11, 2021, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo Barn Bd., LLC, 2021 NY Slip Op. 00963, holding that a dismissal for failure timely to move for default judgment, without more, was not a dismissal for failure to prosecute for CPLR 205 purposes . . .
On February 9, 2021, the First Department issued a decision in Eros Intl. PLC v. Mangrove Partners, 2021 NY Slip Op. 00793, holding that even when the process server did not testify, conclusory denials of receipt of service were insufficient to rebut the presumptive validity of an affidavit of service . . .
On February 11, 2021, the First Department issued a decision in Suverant LLC v. Brainchild, Inc., 2021 NY Slip Op. 00918, holding that overlapping ownership and common office space alone were insufficient to support a veil piercing claim . . .
On February 9, 2021, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd. v. Canadian Imperial Bank of Commerce, 2021 NY Slip Op. 00815, holding that a party did not put privileged communications at issue when its claims could be litigated without relying on those communications . . .