We all know and despise the extra step of having to publish the formation of a New York limited liability company. It can be expensive, and quite frankly, I don’t see the point. I rarely see a case that shows you the consequences of failing to comply with this requirement. But here you go: In … Read More
A recent case out of Kings County, I&M Kosher Catering LLC v BHNG Inc., explains that a Non-Reliance Clause must be specific to preclude a claim for fraudulent misrepresentation. The case concerns a business asset purchase gone wrong. The plaintiff purchased a bagel store on Coney Island Avenue and, in doing so, relied on the … Read More
Here is another recent case where an MCA company failed: Wynwood Capital Group LLC v. Confluence Corp. (2024 NY Slip Op 50557(U)). Wynwood Capital Group LLC, an MCA company, sued Confluence Corp. and its individual guarantor for allegedly breaching a merchant agreement by failing to pay what was due thereunder. As is common practice among … Read More
As a small business owner, you may have considered or even taken out a merchant cash advance (MCA) to secure funding for your business. While MCAs can provide quick access to capital, they often come with high costs and potentially predatory terms. When businesses default on these advances, MCA providers often seek summary judgment to … Read More
A recent decision by the Supreme Court of New York County may provide some relief for small business owners who have been hit with lawsuits alleging that their websites are not accessible to individuals with disabilities. The case, Rodriguez v. Bitchin’ Inc., was one of over 40 nearly identical lawsuits filed by the same plaintiff … Read More
In civil litigation, discovery is a crucial process that allows parties to exchange relevant information and build their cases. However, when a party fails to comply with discovery demands, the consequences can be severe. A recent decision, Abuzaid v. Almayouf, illustrates the importance of complying with discovery obligations and the potential ramifications of non-compliance. Discovery … Read More
In a surprising decision out of the Supreme Court, Nassau County, LCF Group, Inc. v Fields, a judge refused to confirm an arbitration award against the “borrower” of a Merchant Cash Advance “lender.” I think it is surprising because it is extremely hard to attack an arbitration award and the motion to confirm the award … Read More
