On April 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v Desktop Metal, Inc., 2025 NY Slip Op 31402(U), holding that the anticipatory repudiation doctrine only applies in in limited circumstances, explaining:
As explained in Norean, the doctrine of adequate assurance…
On April 21, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Sleepyheadsyo, LLC v. Ilias Inc., 2025 NY Slip Op. 50600(U), holding that a plaintiff may alleged contract and quasi-contract claims in the alternative, explaining:
The Court agrees with plaintiff that when a party has pleaded a quasi-contract claim…
On April 25, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Landau v. DGital Media, LLC, 2025 NY Slip Op. 31476(U), holding that defamation claims were barred by the litigation privilege, explaining:
Defendants bring a fourth counterclaim for commercial defamation and defamation per se based on multiple statements…
On April 25, 2025, Justice Chan of the New York County Commercial Division issued a decision in Colle Capital Partners I, L.P. v. Automaton, Inc., 2025 NY Slip Op. 31479(U), denying a preliminary injunction because of an imbalance in the equities, explaining:
[E]ven if plaintiffs have shown a likelihood of success on the merits…
On April 28, 2025, Justice Chimes of the Erie County Commercial Division issued a decision in Kalamata Capital Group, LLC v. Colorado Trailers, Inc., 2025 NY Slip Op. 31502(U), holding that an unconscionability defense failed for lack of allegations of unequal bargaining power, explaining:
Defendants also argue that the RPA is unconscionable. An unconscionable…
On April 28, 2025, Justice Cohen of the New York County Commercial Division issued a decision in PFNGT LLC v. Liquid Capital LLC, 2025 NY Slip Op. 31518(U), holding that ancillary clauses do not make a guaranty not an ‘instrument for the payment of money only, explaining:
An instrument for the payment of money…
On April 29, 2025, Justice Reed of the New York County Commercial Division issued a decision in Halden v. Parker, 2025 NY Slip Op. 31544(U), granting a motion to relieve counsel based on a client’s failure to communicate with counsel even though the client communicated with the opposing party, explaining:
Counsel represents that he…
On April 25, 2025, the Fourth Department issued a decision in McGuire v. The McGuire Group, Inc., 2025 NY Slip Op. 02468, holding that a party that has not been represented by a law firm lacks standing to move to dismiss the firm as conflicted, explaining:
A motion to disqualify another party’s attorney is…
On April 30, 2025, the Second Department issued a decision in Happy 8 Realty Corp. v. Great World Realty, LLC, 2025 NY Slip Op. 02575, holding that a defendant should not have been granted summary judgment before discovery was complete, explaining:
A party opposing summary judgment is entitled to obtain further discovery when it…
On April 30, 2025, the Second Department issued a decision in Kearny Bank v. Beaux Equities, LLC, 2025 NY Slip Op. 02580, holding that a good faith mortgagor for value prevailed against an earlier purchaser that did not record its interest in a property, explaining:
The New York Recording Act protects a good faith…
