- Posted: June 28, 2024 / Commercial Division Blog
Motion for Preliminary Injunction to Prevent Opening of Cannabis Dispensary Denied For Lack of Irreparable Harm
On May 31, 2024, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in NAP IV LLC v. Qube USA LLC, Index No. 651937/2024, denying plaintiff's motion for a preliminary injunction preventing defendants from opening a cannabis dispensary in alleged violation of an NDA with plaintiff, which included a non-circumvention clause allegedly preventing defendants from going around plaintiff to open the dispensary at the Times Square location presented by plaintiffs, explaining: Read More
- Posted: June 26, 2024 / Commercial Division Blog
Internal-Affairs Doctrine Presumptively Applies, But Presumption Rebutted When New York Has Dominant Interest in Applying Its Own Law
On May 23, 2024, the Court of Appeals issued a decision in Eccles v. Shamrock Capital Advisors, LLC, 2024 NY Slip Op 02841, holding that, while the substantive law of a company's place of incorporation presumptively applies to causes of action arising from its internal affairs, this presumption can be rebutted when (i) the interest of the place of incorporation is minimal, and (ii) New York has a "dominant interest" in applying its own substantive law, explaining: Read More
- Posted: June 21, 2024 / Commercial Division Blog
Court Denies Motion To Dismiss Labor Law Claim
On May 5, 2024, Justice Andrew Borrok denied defendant’s motion to dismiss defendant’s counterclaim under New York Labor Law. In FF Venture Capital, LLC v. Adam J. Plotkin, RDWC, LLC, Index No. 651314/2023, defendant claimed that plaintiff withheld his compensation and alleged violation of Labor Law § 193. The Court explained that such allegations stated a claim: Read More
- Posted: June 19, 2024 / Commercial Division Blog
Court Holds That Plaintiff Has Standing Because Note And Guaranty Were Properly Assigned
On April 29, 2024, Justice Andrew Borrok granted plaintiff’s motion for summary judgment. The plaintiff in Lapis Advisers, LP et al. v. Coal Capital Ephrata, LLC, Index No. 650128/2021 sought summary judgment for failure to repay amounts on a note assigned to plaintiff. The Court concluded that plaintiff had standing, explaining: Read More
- Posted: June 17, 2024 / Commercial Division Blog
Court Grants Motion To Dismiss Breach Of Fiduciary Claim For Failure To Allege Damages
On April 12, 2024, Justice Margaret A. Chan granted plaintiff’s motion to dismiss defendants’ counterclaims for breach of contract, unjust enrichment, and breach of fiduciary duty. Defendants in Murphy v. PHG Funding LLC et al., Index No. 656158/2021, alleged counterclaims arising out a settlement with plaintiff and transactions related thereto. As to defendants’ counterclaim for breach of fiduciary duty, the Court explained: Read More
Load More