Lundin PLLC

Court Refuses to Consolidate Actions with Disparate Claims - John Lundin https://lnkd.in/eS4eBFBm On October 15, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Arlus Owner LLC v. 829 Mad. Ave. LLC, 2024 NY Slip Op. 33788(U), refusing to consolidate actions with disparate claims . . . <a class="more-link" href="https://lnkd.in/ePuK8sSv">Continue reading <span class="screen-reader-text">Banks Put the “Lie” in LIBOR</span></a>

Statute of Frauds Did Not Bar Alleged Oral Employment Agreement - John Lundin https://lnkd.in/eWwB6u8Y On October 18, 2024, Justice Chan of the New York County Commercial Division issued a decision in Saviano v. RTX Holdings, Inc., 2024 NY Slip Op. 33789(U), holding that the statute of frauds did not bar an alleged oral employment agreement . . . <a class="more-link" href="https://lnkd.in/eSDEYMQm">Continue reading <span class="screen-reader-text">Rescission Claim Upheld Because of Fraudulent Inducement</span></a>

Guaranty Covering Both Payment and Performance Not Instrument for Payment of Money Only for CPLR 3213 Purposes - John Lundin https://lnkd.in/eG6ZfWvX On October 23, 2024, Justice Chan of the New York County Commercial Division issued a decision in Vaster Sub II, LLC v. Safdieh, 2024 NY Slip Op. 33808(U), holding that a guaranty covering both payment and performance was not an instrument for payment of money only for purposes of a motion for summary judgment in lieu of complaint . . . <a class="more-link" href="https://lnkd.in/ePbpeB7U">Continue reading <span class="screen-reader-text">Questions of Fact Preclude Dismissal of Claim That Liquidated Damages Clause Was an Unenforceable Penalty</span></a>

Counterclaims Dismissed in Favor of Claims in an Earlier-Filed Action - John Lundin https://lnkd.in/eA6CVeAa On October 23, 2024, Justice Chan of the New York County Commercial Division issued a decision in Woodcock Capital LLC v. Schildr Inc., 2024 NY Slip Op. 33809(U), dismissing counterclaims in favor a claims in an earlier-filed action . . . <a class="more-link" href="https://lnkd.in/eJPs5eYP">Continue reading <span class="screen-reader-text">Statute of Frauds Bars Claim Based on Alleged Guaranty When the Guaranty Was Not Signed by the Defendant</span></a>

Confusion Over the Capacity in Which a Person Was Served Not a Reasonable Excuse Justifying Vacating Default - John Lundin https://lnkd.in/ejzX8wvE On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in SNCO Cap LLC v. Kaufman, 2024 NY Slip Op. 33816(U), holding that confusion over the capacity in which a person was served was not a reasonable excuse justifying vacating a default judgment . . . <a class="more-link" href="https://lnkd.in/e66Aqd4m">Continue reading <span class="screen-reader-text">Use of New York Co-Working Facility Address and Telephone Number Sufficient to Create Jurisdiction in New York</span></a>

Allegations in Complaint Relate Back to Summons with Notice When It Gives Adequate Notice of Those Claims - John Lundin https://lnkd.in/eV7TwpGk On October 13, 2024, Justice Masley of the New York County Commercial Division issued a decision in UBS Ams. Inc. v. Impac Funding Corp., 2024 NY Slip Op. 33827(U), holding that allegations in a complaint related back to the date the Summons with Notice was filed because the Summons with Notice gave adequate notice of the claims . . . <a class="more-link" href="https://lnkd.in/eXvjAwmK">Continue reading <span class="screen-reader-text">Plaintiff who Brings a Claim for Breach of Contract Cannot Simultaneously Pursue a Claim for Anticipatory Breach</span></a>

Party Cannot Raise Non-Jurisdictional Defenses If Default Judgment Has Not Been Vacated - John Lundin https://lnkd.in/eyn7pEy5 On October 30, 2024, the Second Department issued a decision in U.S. Bank NA.. v. Callegari-Orlando, 2024 NY Slip Op. 05366, holding that a party cannot raise non-jurisdictional defenses if a default judgment against it has not been vacated . . . <a class="more-link" href="https://lnkd.in/ea6FBTrR">Continue reading <span class="screen-reader-text">LIBOR Update: Rigged Revelations</span></a>

Consequential Damages Waiver in Contract Does Not Apply to Related Surety Bond - John Lundin https://lnkd.in/g48hUVCQ On October 31, 2024, the First Department issued a decision in OH 126th St. Hous. Dev. Fund Corp. v. Berkley Ins. Co., 2024 NY Slip Op. 05410, holding that a consequential damages waiver in a contract did not extend to a related surety bond . . . <a class="more-link" href="https://lnkd.in/gviynsKE">Continue reading <span class="screen-reader-text">Sole Remedy Provision Did Not Bar Award of Statutory Interest</span></a>

Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice - John Lundin https://lnkd.in/eRTA-YpE On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in Starship Holdings, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 33740(U), that a motion for summary judgment in lieu of complaint must be denied because plaintiffs failed to give defendants legally sufficient advance notice of the motion . . . <a class="more-link" href="https://lnkd.in/diGApWu3">Continue reading <span class="screen-reader-text">THE SECOND CIRCUIT’S SCHWAB II ANTITRUST STANDING DECISION IS ALREADY AFFECTING OTHER BENCHMARK CASES</span></a>

Dispute Over Compliance With Agreement to Arbitrate Must be Brought as an Article 75 Proceeding - John Lundin https://lnkd.in/eranc3Vi On October 7, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Ironmen Holdings, LLC v. Nieporte, 2024 NY Slip Op. 33743(U), holding that a dispute over compliance with an agreement to arbitrate must be brought as an Article 75 proceeding . . . <a class="more-link" href="https://lnkd.in/ePbpeB7U">Continue reading <span class="screen-reader-text">Questions of Fact Preclude Dismissal of Claim That Liquidated Damages Clause Was an Unenforceable Penalty</span></a>