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 . . .
On March 23, 2021, the First Department issued a decision in Simon v. FrancInvest, S.A., 2021 NY Slip Op. 01733, holding that the single motion rule bars reassertion of arguments in a motion to dismiss an amended complaint that were made and lost in an earlier motion to dismiss . . .
On March 19, 2021, Justice Masley of the New York County Commercial Division issued a decision in CF 125 Holdings LLC v. VS 125 LLC, 2021 NY Slip Op. 30924(U), dismissing an affirmative defense that sought to preserve the right later to assert additional defenses . . .
On March 17, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Wilkins Media, LLC v. Oxigen Beverages, Inc., 2021 NY Slip Op. 30847(U), granting summary judgment in lieu of complaint based on a settlement agreement . . .
On March 3, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Kalemba v. Oanda Corp., 2021 NY Slip Op. 30707(U), denying class certification because class issues did not predominate over individual ones . . .