Blogs

Monthly Archives: January 2014

Posted: January 31, 2014

Justice Saliann Scarpulla Appointed to New York County Commercial Division

On January 18, 2014, we posted that Governor Cuomo had announced the appointment of Justice Barbara R. Kapnick of the New York County Commercial Division to the First Department.  We have been informed that Justice Saliann Scarpulla of the New York County Supreme Court has been selected to replace Justice Kapnick as a Justice of the Commercial Division. Justice Scarpulla currently is a Justice of the Supreme… Read more »

Posted: January 31, 2014

Appellate Divisions Announce Differing Choice-of-Law Analyses for Insurance Claims

On January 28, 2014, the First Department issued a decision in Davis & Partners, LLC v. QBE Ins. Corp., 2014 NY Slip Op. 00449, discussing which state’s law governed a liability policy covering multi-state risks. Based on the “standard ‘grouping of contacts’ analysis,” the court found that New York law applied because [t]he contract between… Read more »

Posted: January 29, 2014

Summary Judgment Denied In Trademark Dispute On The Gowanus

In The Gowanus Dredgers v. Baard, 11 CV 5985 (PKC) (E.D.N.Y. Dec. 17, 2013), the Gowanus Dredgers (the “Dredgers”), a charitable organization established “to raise awareness of environmental issues affecting the Gowanus waterfront in Brooklyn and the broader New York/New Jersey harbor area,” sued Erik Baard, the founder of a group called the Long Island… Read more »

Posted: January 29, 2014

Board Did Not Have Fiduciary Duty to Maximize Shareholder Benefit in Merger Where There was No Change of Control or Break-up

On January 13, 2014, Justice Friedman of the New York County Commercial Division issued a decision in Badowski v. Carrao, 2014 NY Slip Op. 50042(U), dismissing breach of fiduciary claims relating to a merger. In Badowski, the class action plaintiff alleged that the individual defendants, the former directors and officers of Vertro, Inc. (Vertro), breached their… Read more »

Posted: January 28, 2014

Judicial Estoppel Does Not Apply When the Argument Made Does Not Lead to a Judgment

On January 23, 2014, the First Department issued a decision in Wells Fargo Bank N.A. v. Webster Business Credit Corp., 2014 NY Slip Op 00412, explaining the scope of the doctrine of judicial estoppel. In Wells Fargo Bank, the trial court dismissed the defendant’s claim for “indemnification from plaintiffs for attorneys’ fees incurred in” defending the… Read more »

Posted: January 27, 2014

Ties to New York Bank Found Insufficient to Create General Jurisdiction

On January 14, 2014, Justice Kapnick of the New York County Commercial Division issued a decision in Industrias De Papel R. Remenzoni S.A. v. Banco De Investimentos Credit Suisse (Brasil) S.A., 2014 NY Slip Op. 30074(U), addressing a variety of jurisdictional and forum non conveniens arguments on a motion to dismiss. In Industrias De Papel, the plaintiff, a Brazilian… Read more »

Posted: January 25, 2014

Countersigned Letter is an Enforceable Contract Even Though Parties Contemplated Later Execution of a Formal Agreement

On January 16, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Noryb Ventures v. Mankovsky, 2014 NY Slip Op. 30087(U), finding a countersigned letter to be an enforceable contract notwithstanding that it explicitly envisioned a later, more formal, agreement. In Noryb Ventures, the court denied the defendants’ motion for summary judgment on… Read more »

Posted: January 24, 2014

Arbitral Award Confirmed Because it Was Not Irrational

On January 23, 2014, the First Department issued a decision in Ingham v. Thompson, 2014 NY Slip Op. 00436, reversing a trial court order rejecting an arbitral award. The First Department made clear the deferential standard by which a court should review an arbitral award, explaining: Respondents’ arguments that plaintiff should have been disqualified from maintaining the arbitration… Read more »