- Posted: November 20, 2024 / Commercial Division Blog
Summary Judgment Motions Resolved On Tangled Claims Amongst Construction Sub-Contractors, Against Sureties, Relating to Javits Center Renovations
On September 25, 2024, Justice Nancy M. Bannon granted partial summary judgment on various claims amongst subcontractors and sub-subcontractors, and by them against sureties, relating to renovations at the Javits Center in Manhattan. The case is Interebar Fabricators LLC v C.B. Contr. Corp., Index No. 655852/2021. Read More
- Posted: November 18, 2024 / Commercial Division Blog
Requests To Admit Mostly Stricken For Seeking Admission Of Disputed Facts, Ultimate Issues
On August 27, 2024, in Novum Energy Trading Inc. v. Transmontaigne Operating Co. L.P., Index No. 655283/2023, Justice Margaret A. Chan found all but one of a defendant’s eight Requests for Admission to be improper. Read More
- Posted: November 15, 2024 / Commercial Division Blog
Defendant Liable for Tortious Interference With Contract When It Caused Plaintiff to Breach Its Own Contract With Nonparty
On October 7, 2024, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in EXRP 14 Holdings LLC v. LS-14 Ave LLC, Index No. 652698/2022, holding that a defendant may be liable for tortious interference with contract when the defendant causes the plaintiff to breach its own contract with a nonparty, explaining: Read More
- Posted: November 13, 2024 / Commercial Division Blog
Email Exchanges Insufficient to Amend Loan Documents
On October 3, 2024, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Fortress Credit Corp. v. Cohen, Index No. 651498/2024, rejecting defendant's argument that email exchanges between lender and borrower, which never resulted in a signed agreement, were sufficient to extend borrower's repayment deadline under the loan documents, explaining: Read More
- Posted: November 11, 2024 / Commercial Division Blog
Fee Shifting Denied When Purported Fee-Shifting Clause Lacked Clear Language Suggesting Fee Shifting in Litigation
On September 26, 2024, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Bloodhound Partners LLC v. Wearsafe Labs Holding LLC, Index No. 654718/2022, granting a motion for entry of a default judgment but denying attorneys' fees to plaintiffs on the ground that the purported fee-shifting clause on which plaintiffs relied lacked "clear language suggesting fee shifting in litigating," explaining: Read More
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