Blogs

Monthly Archives: April 2014

Posted: April 28, 2014

Court of Appeals Arguments of Interest for the Week of April 28, 2014

An argument on April 29, 2014, in the Court of Appeals that may be of interest to Commercial Division practitioners is: Docket No. 96: IDT Corp. v. Tyco Group, S.A.R.L. (To be argued April 29, 2014) (addressing the duration of a party’s obligation to negotiate final terms of an agreement when they have contractually obligated themselves to… Read more »

Posted: April 28, 2014

RICO Applies To Foreign Enterprises When Underlying Predicates Were Intended To Apply To Such Conduct

On April 23, 2014, the Second Circuit issued a decision in European Community v. RJR Nabisco, No. 11-2475-cv, reversing a decision of the EDNY holding that “RICO does not apply to enterprises outside the United States.” In European Community, the plaintiff asserted RICO and associated state law claims against the defendants alleging a multi-step international scheme involving “the… Read more »

Posted: April 28, 2014

Damages Limitations Clause Enforceable Even When it Leaves Plaintiff Without a Remedy

On April 14, 2014, Justice Pines of the Suffolk County Commercial Division issued a decision in J. Petrocelli Contracting, Inc. v. The Morganti Group, Inc., 2014 NY Slip Op. 31024(U), dismissing a claim based on construction delays where the parties’ contract excluded such claims. In J. Petrocelli Contracting, the plaintiff (as subcontractor) entered into a subcontract agreement with the… Read more »

Posted: April 27, 2014

Contractual Jury Waiver Enforceable Even When Plaintiff Alleges Fraudulent Inducement

On April 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in J.P. Morgan Securities Inc. v. Ader, 2014 NY Slip Op. 31017(U), enforcing a contractual jury waiver. In J.P. Morgan Securities, the plaintiff moved to strike the defendant’s jury demand based on a contractual jury waiver. The court granted… Read more »

Posted: April 26, 2014

Commissions Need Not be Paid Absent a Written Contract

On April 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Josephberg v. Crede Capital Group, LLC, 2014 NY Slip Op. 31018(U), granting a motion to dismiss a complaint seeking unpaid commissions on Statute of Frauds grounds. In Josephberg, the plaintiff alleged that he was employed as a commissioned salesman and… Read more »

Posted: April 24, 2014

Filing Lawsuits and Owning an Interest in Property Not Doing Business in New York for LLC Law Section 808 Purposes

On April 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Spectrum Origination LLC v. Hess, 2014 NY Slip Op. 31034(U), holding that the plaintiff was not a foreign LLC doing business in New York. In Spectrum Origination, the plaintiff moved for summary judgment in lieu of complaint on… Read more »

Posted: April 23, 2014

Removal Clock For Class Action Fairness Act Does Not Start Until Plaintiff Discloses Facts Showing Removability

On April 17, 2014, the Second Circuit issued a decision in Cutrone v. Mortgage Electronic Registration Systems, Inc., No. 14-455-CV, holding that the 30-day time windows to remove an action under the Class Action Fairness Act (“CAFA”) do not start to run until the plaintiff serves the defendant with a document specifying the damages sought or… Read more »

Posted: April 23, 2014

Acting as Sub-landlord Doing Business Within the Meaning of BCL Prohibition on Foreign Unregistered Business Lawsuits

On April 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in MKC-S, Inc. v. Laura Realty Co., 2014 NY Slip Op. 50650(U), analyzing whether the plaintiff was a foreign corporation not registered to do business in New York. In MKC-S, the plaintiff moved for a Yellowstone injunction. The defendant, its… Read more »