Blogs

Monthly Archives: November 2013

Posted: November 30, 2013

Judiciary Law Section 478 Applies Only to Legal Services Provided in New York

On November 27, 2013, the Second Department issued a decision in Gover v. Savyon, 2013 NY Slip Op. 07934, interpreting Judiciary Law § 478 in a situation where an attorney who was not licensed to practice in New York provided legal services both in New York and in another jurisdiction. In Gover, plaintiff, an Israeli attorney not… Read more »

Posted: November 28, 2013

Court of Appeals Enforces Lease as Written, Even Though it Leads to Harsh Result for Commercial Tenant

On October 7, 2013, we noted that on October 8, 2013, the Court of Appeals would hear argument in Eujoy Realty Corp. v. Van Wagner Communications, LLC, Docket No. 179. On November 26, 2013, the Court of Appeals issued its decision in Eujoy Realty Corp. v. Van Wagner Communications, LLC, 2013 NY Slip Op. 07823,… Read more »

Posted: November 27, 2013

Arbitration Provisions in LLC Operating Agreements May Be Enforced by LLCs Even If LLCs Are Not Parties to the Agreements

On November 15, 2013, Justice Kapnick of the New York County Commercial Division issued a decision in Kellman v. Whyte, 2013 NY Slip Op. 32938(U), granting in part and denying in part the defendants’ motion to compel arbitration. In Kellman, plaintiff asserted claims against her former employer, an affiliate of her former employer and the… Read more »

Posted: November 26, 2013

No Private Right of Action Against Banks Under the Exempt Income Protection Act

On October 26, 2013, we noted that on October 15, 2013, the Court of Appeals had heard argument in Cruz v. TD Bank, N.A., Docket No. 191, a matter considering two questions certified from the Second Circuit on whether there is a private right of action under the Exempt Income Protection Act of 2008 (“EIPA”). On November… Read more »

Posted: November 25, 2013

Default Judgment Entered Against Defendant As Discovery Sanction

On November 8, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision in Grober v. Bronson, 2013 NY Slip Op. 32935(U), granting a default judgment against the defendant as to liability on plaintiffs’ breach of contract and Labor Law claims based on defendant’s repeated failure to comply with discovery demands and… Read more »

Posted: November 24, 2013

Leave to Re-Plead Already Dismissed Claims Denied

On November 12, 2013, Justice Sherwood of the New York County Commercial Division issued a decision in Broadway West Enterprises, Ltd. v. Doral Money, Inc., 2013 NY Slip Op. 32912(U), denying plaintiff’s motion, made shortly before the close of discovery, for leave to file a second amended complaint to supplement factual allegations contained in the… Read more »

Posted: November 23, 2013

Jurisdictional Claims Survive But Only Jurisdictional Discovery Allowed

On November 20, 2013, the Second Department issued a decision in Goel v. Ramachandran, 2013 N.Y. Slip Op. 07708, illustrating the liberal standard applied to jurisdictional claims prior to discovery. In Goel, the plaintiffs alleged that there was jurisdiction over a foreign defendant because it was a “mere department of” its US parent. The Second… Read more »

Posted: November 22, 2013

Defendant Sanctioned for Filing Inaccurate Note of Issue and Certificate of Readiness

On November 12, 2013, Justice Bransten of the New York County Commercial Division issued a decision in Vladeck, Waldman, Elias & Engelhard, P.C. v. Paramount Leasehold, L.P., 2013 NY Slip Op. 32908(U), sanctioning a litigant for filling a Note of Issue and Certificate of Readiness that falsely indicated that discovery was complete. In Vladeck, the… Read more »