- Posted: April 14, 2025 / Commercial Division Blog
Court Grants Motion To Strike Interrogatory Responses Concerning Calculations of Damages Foreclosed By Prior Court Rulings
On March 3, 2025, Justice Andrea Masley granted, in part, a motion to strike interrogatory responses that included calculations of damages foreclosed by prior court rulings. In Richard Hobish, et al., v. AXA Equitable life Insurance Company, Index No. 650315/2017, Defendant AXA Equitable Life Insurance Company asked the Court to strike the plaintiff’s damages calculations on the grounds that they were unsupported by the allegations and prior Court rulings, affirmed by the Appellate Division, had rejected the plaintiff’s theories of consequential and restitutionary damages. The Court granted the motion in part, explaining: Read More
- Posted: April 11, 2025 / Commercial Division Blog
Duty To Perform Actions Not Required by Contract Will Not Be Imputed To Save Contract Claim From Dismissal
On January 30, 2025, Justice Meilssa A. Crane granted defendants’ motion to dismiss a contract claim that alleged breach through defendants’ failure to prepare a revised preliminary valuation that the contract did not require. The case is Gurney-Goldman v. Solil Management, LLC et al., Index No. 655549/2023. Read More
- Posted: April 9, 2025 / Commercial Division Blog
Temporary Restraining Order Granted Where Movant Established Prima Facie Entitlement To Preliminary Injunction Based On Conduct Violating Earlier Permanent Injunction
On March 11, 2025, Justice Andrew Borrok entered a temporary restraining order directing plaintiff Go New York Tours Inc. (“GONY”) to comply with certain asserted contractual obligations pending hearing and determination of a preliminary injunction application brought by defendant Vector Media, LLC (“Vector Media”). The case is Go New York Tours Inc. v. Vector Media, LLC, Index No. 151029/2025. Read More
- Posted: April 7, 2025 / Commercial Division Blog
Fraudulent Inducement Insufficiently Pleaded Where Alleged Misrepresentation Is Limited To Intent To Perform Obligations That Underlie Accompanying Contract Claim
On February 28, 2025, in Martha Stewart Living Omnimedia, LP v. Snow Joe LLC Index No. 653155/2023, Justice Andrea Masley dismissed a counterclaim and affirmative defense alleging fraudulent inducement asserted by Snow Joe LLC (“Snow Joe”), a licensee of Martha Stewart Living Omnimedia, LP (the “Licensor”), for failure to allege misrepresentations of present fact. Read More
- Posted: April 4, 2025 / Commercial Division Blog
Contract Claim Survives Dismissal Standard Even In Absence of Damages
On March 6, 2025, Justice Andrea Masley of the New York County Commercial Division issued a decision in Penske v. National Holding Corp., Index No. 655002/2022, holding that defendants' claim for breach of contract satisfied the dismissal standard even in the absence of damages, explaining: Read More
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