On May 21, 2025, the Second Department issued a decision in CitiMortgage, Inc. v. Ramlal, 2025 NY Slip Op. 03037, holding that a motion to vacate a default judgment based on law office failure must be supported by detailed and credible facts, explaining:
A party seeking to vacate an order or judgment entered upon…
On May 20, 2025, Justice Reed of the New York County Commercial Division issued a decision in Trump v. Trump, 2025 NY Slip Op. 25118, explaining the requirements of a Jackson affidavit:
During discovery, a party is only required to produce those items that are within the possession, custody or control of the party…
On May 20, 2025, the First Department issued a decision in Beast Invs., LLC v. Celebrity Virtual Dining, LLC, 2025 NY Slip Op. 03012, holding that a tortious interference with prospective business advantage claim failed because it inadequately alleged the defendant’s bad conduct, explaining:
The sixth counterclaim for tortious interference with prospective business advantage…
On May 22, 2025, the First Department issued a decision in Telefonica S.A. v. Millicom Intl. Cellular S.A., 2025 NY Slip Op. 03153, holding that a defendant liable for failing to close a transaction was liable for pre-judgment interest only on the plaintiff’s loss, not the entire transaction price, explaining:
Supreme Court should not…
On May 22, 2025, the First Department issued a decision in O’Brien v. Kaplan, 2025 NY Slip Op. 03141, holding that the statute of frauds barred an action even though it led to an unfair result, explaining:
The court providently exercised its discretion by denying plaintiffs’ motion to renew. Plaintiffs argued that Kaplan’s admissions…
On May 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Gehl Foods, LLC v. Worldwide Sport Nutritional Supplements, Inc., 2025 NY Slip Op. 31602(U), holding that a party is a prevailing party for purposes of an attorneys’ fees award when it obtained the central relief it sought,…
On May 20, 2025, the Court of Appeals issued a decision in Haussmann v. Baumann, 2025 NY Slip Op. 03009, holding that just because one of several plaintiffs was a New York resident did not bar a forum non conveniens motion, explaining:
In general, a decision to grant or deny a motion to dismiss…
On May 15, 2025, the First Department issued a decision in Tarro v. Amadei, 2025 NY Slip Op. 03003, holding that a receiver’s fees should normally be paid from the receivership, not from a party, explaining:
[T]he court prematurely ordered defendants to bear all costs of the receiver. Typically, a receiver is paid from…
On May 6, 2025, the First Department issued a decision in JAB Bldg., LLC v. 950 Third Ave. LLC, 2025 NY Slip Op. 02723, holding that the repudiation of a contract was timely withdrawn, returning the contract to effectiveness, explaining:
The parties entered into a 55-year lease of air rights in July 1970, which…
On May 9, 2025, Justice Cohen of the New York County Commercial Division issued a decision in FitzCon Constr./Ren Corp. v. 5531-321 E. 22nd St. Manhattan LLC, 2025 NY Slip Op. 31692(U), holding that when a party fails to respond to a Notice to Admit is is deemed to have admitted the facts at…
