On August 6, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Kordonsky v. Brudoley, 2024 NY Slip Op. 32768(U), holding that demand futility allegations in a derivative action were sufficiently specific based on the totality of the allegations, explaining:
The defendants argue the plaintiff failed to comply with that…
On August 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Podokshik v. Cachette, 2024 NY Slip Op. 32795(U), holding that dominance of a corporation alone is insufficient to justify piercing the corporate veil, explaining:
Concerning the allegation of piercing the corporate veil, it is well settled that if…
On August 12, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Denver Wewatta (Co) LLC v. Amtrust Title Ins. Co., 2024 NY Slip Op. 32847(U), holding that damages from fraud can include losses from foregone opportunities, explaining:
The Purchaser’s argument that the Seller fails to allege proper damages…
On August 9, 2024, Justice Masley of the New York County Commercial Division issued a decision in Amtrust N. Am., Inc. v. Bozzomo, 2024 NY Slip Op. 32803(U), holding that a non-compete provision that prevented an employee from working in an industry was unenforceable, explaining:
A restraint is reasonable only if it: (1) is…
On July 10, 2024, Justice Masley of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. Elmwood NYT Owner, LLC, 2024 NY Slip Op. 32816(U), denying a Yellowstone injunction because of the tenant’s inability to show that it could cure a rent payment default, explaining:
The party requesting a…
On August 14, 2024, the Second Department issued a decision in Calle v. National Grid USA Serv. Co., Inc., 2024 NY Slip Op. 04190, holding that claims against a utility should be dismissed on primary jurisdiction grounds, explaining:
The doctrine of primary jurisdiction is intended to co-ordinate the relationship between courts and administrative agencies…
On August 14, 2024, the Second Department issued a decision in Hopwood v. Infinity Contr. Servs. Corp., 2024 NY Slip Op. 04197, holding that a series of e-mails was insufficient to save a contract claim from dismissal under the statute of frauds, explaining:
The statute of frauds bars oral agreements to pay compensation for…
On August 15, 2024, the First Department issued a decision in DirecTV, LLC v. Nexstar Broadcasting, Inc., 2024 NY Slip Op. 04225, examining the narrow limits of an implied covenant claim, explaining:
Supreme Court should also have dismissed plaintiff’s implied covenant claim. The implied covenant of good faith is a limited one, as courts…
On August 15, 2024, the First Department issued a decision in Hai-2, LLC v. Blackrock Fin. Mgt., Inc., 2024 NY Slip Op. 04226, holding that under the continuing wrong doctrine, a new claim accrued each time the defendant failed to make a quarterly payment, explaining:
[W]e find that the claim filed on November 19,…
On August 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Law Off. of Mark S. Helweil v. Karambelas, 2024 NY Slip Op. 32693(U), holding that a receiver’s fees were capped by CPLR § 8004(a) despite s court order allowing payment at the receiver’s usual rate, explaining:
A…
