On November 26, 2024, the First Department issued a decision in Xiaoyan Lu v. Sagewood SFF III LLC, 2024 NY Slip Op. 05895, holding that a plaintiff was entitled to judgment based on tax estoppel, explaining:
Plaintiffs also established
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Authenticity of Contract May be Established by Circumstantial Evidence
By John Lundin
On November 25, 2024, the Court of Appeals issued a decision in Knight v. New York & Presbyt. Hosp., 2024 NY Slip Op. 05870, holding that the authenticity of a contract may be established by circumstantial evidence, explaining:
[T]he…
SEC and CFTC Whistleblower Award Wrap-Up: October and November
By Lily Yang
The last two months have seen the issuance of several awards from both the SEC and CFTC. As is often the case, these awards underscore the importance of timely disclosures.
Award Summary:
- SEC:
- October 1, 2024: $1.8 million to
…
Service of a Notice of Entry Through NYSCEF on Trial Court’s Docket Starts the Time to Move in Response to an Appellate Division Order
By John Lundin
On November 25, 2024, the Court of Appeals issued a decision in Ruisech v. Structure Tone Inc., 2024 NY Slip Op. 05866, holding that service of a Notice of Entry through NYSCEF on the trial court’s docket starts the…
Whether Click-Wrap Agreement Subjecting Claim Already Being Litigated to Arbitration is Unenforceable is Question for Arbitrator
By John Lundin
On November 25, 2024, the Court of Appeals issued a decision in Wu v. Uber Tech., Inc., 2024 NY Slip Op 05869, holding that whether a click-wrap agreement subjecting a claim already being litigated to arbitration is unenforceable is…
Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable
By John Lundin
On November 26, 2024, the Court of Appeals issued a decision in Farage v. Associated Ins. Mgt. Corp., 2024 NY Slip Op. 05875, holding that a claim should be dismissed as untimely because the plaintiff failed adequately to allege…
Fraud Claim Cannot be Based on Failure to Keep Promises of Future Performance
By John Lundin
On November 14, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Joseph, 2024 NY Slip Op. 34030(U), holding that a fraud claim cannot be based on the failure to keep promises of…
Motion for Summary Judgment in Lieu of Complaint Must be Accompanied by Summons
By John Lundin
On October 10, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Blue Lagoon LLC v. Roth, 2024 NY Slip Op. 34051(U), holding that a motion for summary judgment in lieu of complaint must be…
Implied Covenant Claim Seeking Different Damages not Duplicative of Contract Claim
By John Lundin
On November 19, 2024, the First Department issued a decision in Starr Indem. & Liab. Co. v. Monte Carlo, LLC, 2024 NY Slip Op. 05779, holding that a counterclaim for breach of the implied covenant of good faith and…
Plaintiff Sanctioned for Bringing Frivolous Lawsuits
By John Lundin
On November 19, 2024, the First Department issued a decision in Ray v. Ray, 2024 NY Slip Op. 05777, upholding sanctions against a plaintiff for bringing frivolous lawsuits, explaining:
Supreme Court improvidently exercised its discretion in denying defendant an…