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July 13, 2022
CPLR 3213 Unavailable Where Personal Guaranty Agreement Did Not Incorporate All Necessary Terms and Conditions by Reference
On March 8, 2022, in Sanghvi Diamonds LLC v. Agadjani, Index No. 652445/2021, Justice Joel M. Cohen of the New York County Commercial Division denied the award of summary judgment in lieu of complaint because the unconditional right to payment was not clear from the face of a document. Further, even though defendant acknowledged owing about 80% of the amount plaintiff sought, because each transaction represented a distinct contract for sale, the question of damages was tied up with the question of liability and the motion under CPLR 3213 was deemed a complaint. Read More
October 6, 2021
Summary Judgment for Breach of Contract Denied Where Plaintiff Failed to Show it Satisfied Contractual Condition Precedents to Terminate for Cause
On August 25, 2021, in Turner Towers Tenant Corp. v RCI Plumbing Corp., 2021 NY Slip Op 04774, the S… Read More
September 10, 2021
RPAPL Broad Standing Rules Inapplicable Where Claim Really About Ownership of LLC
On August 26, 2021, the First Department issued a decision in FGP 1, LLC v Dubrovsky, 2021 NY Slip O… Read More
June 5, 2020
GBL 349 Claim Fails for Lack of Consumer Impact
On May 8, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Time W… Read More
June 29, 2018
FTC Rule Does Not Preempt General Business Law Claims Against Broadband Providers
On June 21, 2018, the First Department issued a decision in People v. Charter Communications, Inc., … Read More
October 1, 2016
Lanham Act/GBL Causes of Action Based on False Claim of Having Founded Company Dismissed
On September 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in … Read More
August 30, 2016
GBL 349 Claim By Law Firm Against Lender Dismissed
On August 17, 2016, Justice Oing of the New York County Commercial Division issued a decision in Cit… Read More
December 13, 2014
First Department Rules that GBL 239-c, Relating to Appraisals, Must be Narrowly Construed
On December 9, 2014, the First Department issued a decision in TOV Manufacturing, Inc. v. Jaco Impor… Read More
