On May 16, 2024, the Court of Appeals issued a decision in Mulacek v. ExxonMobil Corp., 2024 NY Slip Op. 02724, holding that a no action clause barred a claim against an issuer, explaining:
Plaintiffs were shareholders of InterOil
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Sealing Motion Barred for Lack of Supporting Evidence
By John Lundin
On May 2, 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. 31584(U), denying a motion to seal for lack of…
Motion Barred by One Motion Rule
By John Lundin
On May 1, 2024, Justice Bannon of the New York County Commercial Division issued a decision in FX Funding LLC v. Fox Rx Inc., 2024 NY Slip Op. 31587(U), denying a third motion for summary judgment for violating the…
Appeal Dismissed for Failure to Provide an Adequate Record
By John Lundin
On May 8, 2024, the Second Department issued a decision in Bing v. Myrtle 6, LLC, 2024 NY Slip Op. 02516, dismissing an appeal for failure to provide an adequate record, explaining:
It is the obligation of the appellant…
Contract Term Decreasing Limitations Period to Bring Claim Enforceable
By John Lundin
On May 8, 2024, the Second Department issued a decision in Receivable Collection Servs., LLC v. Nassau County, 2024 NY Slip Op. 02551, holding that a contract term that decreased the limitations period to bring a claim was enforceable,…
CPLR Does Not Allow for Service on Agents for Service of Process Appointed by Other State’s Statute
By John Lundin
On April 17, 2024, Justice Chan of the New York County Commercial Division issued a decision in CLP Luminex Holdings, LLC v. Global Consumer Acquisition LLC, 2024 NY Slip Op. 31395(U), holding that the CPLR does not allow for…
Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim
By John Lundin
On April 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Exceed LLC v. Relo LLC, 2024 NY Slip Op. 31439(U), dismissing a declaratory judgment claim as duplicative of a breach of contract…
Conversion Claim Cannot be Based on Payment Owed Under Contract
By John Lundin
On April 16, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Atlas Tech. Group LLC v. Soluna MC LLC, 2024 NY Slip Op. 31448(U), holding that a conversion claim cannot be based on…
Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable
By John Lundin
On April 19, 2024, Justice Chan of the New York County Commercial Division issued a decision in RS E Orange LLC v. Proudliving Cos., LLC, 2024 NY Slip Op. 31451(U), denying a motion for summary judgment in lieu of…
Fraudulent Transfer Claim Based on Intent of Transferor, Not Recipient
By John Lundin
On April 19, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Monex Can., Inc. v. Bank of Am., N.A., 2024 NY Slip Op. 31452(U), holding that a fraudulent transfer claim is based on…