- Posted: May 8, 2024 / Commercial Division Blog
Court Allows Replead Contract Claim And New Fraudulent Conveyance Claims To Proceed After Dismissal Of Most Of Prior Complaint
On April 1, 2024, Justice Melissa A. Crane granted in part a motion to file a second amended complaint and denied a motion for sanctions. Plaintiff in G&Y Maintenance Corp. v. 540 West 48th St. Corp., GLSC, Index No. 652108/2020, is a subcontractor that had sued its general contractor and others for account stated, unjust enrichment and quantum meruit, and asserted veil-piercing claims against Chiang, principal of Core, one of the corporate Defendants. Two years earlier, the Court had dismissed all of those claims, leaving only a breach of contract claim against Core. Read More
- Posted: May 6, 2024 / Commercial Division Blog
Court Determines Amount of Contractual Attorney’s Fees Due Under Prior Ruling on Fee Liability
On April 5, 2024, in Caelen Invs. LLC v. Notias, Index No. 654142/2020, Justice Joel M. Cohen awarded $700,000.00 in contractual attorney’s fees and costs to Plaintiff in a suit for breach of a Loan Agreement. Having earlier prevailed on summary judgment and on liability for costs and fees, Plaintiff sought a total award of $838,414.56 ($818,391.00 in fees and $20,023.56 in costs.). Read More
- Posted: May 1, 2024 / Commercial Division Blog
Commercial Division Rules Updated to Add Technology Cases to List of Cases Eligible for Commercial Division and to Remind Counsel About Use of Referees
On February 14, 2024, the Chief Administrative Judge of the Courts signed an administrative order (i) adding technology transactions and commercial disputes involving or arising out of technology to the list of cases that can be brought in the Commercial Division, and (ii) adding a new Rule 9-b reminding counsel of the ability to consent to the use of referees. Read More
- Posted: April 26, 2024 / Commercial Division Blog
Court Denies Motion To Strike Jury Demand
On April 9, 2024, Justice Andrea Masley denied defendants’ motion to strike plaintiff’s jury demand. In Khan v. Garg, 652334/2013, the Court explained: Read More
- Posted: April 24, 2024 / Commercial Division Blog
Court Grants Mandatory Injunction Requiring Purchaser To Close On Transaction
On April 6, 2024, Justice Andrea Masley granted plaintiff’s motion for a preliminary injunction and required the defendant purchaser to close on the sale of a business within 10 days of the order. In James River Group Holdings, Ltd. v. Fleming Intermediate Holdings, LLC, Index No. 651281/2024, the parties were to close on March 1, 2024 on the sale of plaintiff’s reinsurance subsidiary to defendant. However, defendant refused to do so absent significant concessions. Plaintiff brought suit and sought a preliminary injunction requiring the specific performance of the parties’ Stock Purchase Agreement. In granting the motion, the Court explained: Read More
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