The First Department upheld a $1.2 million verdict, including lost profits, where a landlord failed to clear violations and diligently assist a preschool tenant with its fire-alarm approvals.
The First Department vacated a $9.2 million judgment because the movant’s affirmation omitted CPLR 2106’s required New York perjury language and the evidence did not show the defendant participated in fraudulent transfers.
The Second Department enforced a $2.4 million settlement and held that three merchant agreements were purchases of future receivables rather than criminally usurious loans.
The Fourth Department upheld a receivables-purchase claim against the merchant but vacated judgment against its owner because the limited guaranty was not proved.
The Second Department dismissed constructive-trust and duplicative claims where the complaint alleged no fiduciary relationship or reliance transfer involving the affiliate that received disputed contract funds.
The Second Department held that a Dutch bank’s passive receipt of a fraud-induced wire into a Netherlands account did not establish personal jurisdiction in New York.