Monthly Archives: December 2014

Posted: December 31, 2014

Contract Provision For Renegotiation Of Fees Too Vague To Be Enforced

On December 10, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Spielman Koenigsberg & Parker, LLP v. Taxi Club Management, Inc., 2014 NY Slip Op. 33282(U), dismissing a breach of contract claim because the provision to be enforced was unenforceably vague. In Spielman Koenigsberg & Parker, the principal dispute… Read more »

Posted: December 30, 2014

Mechanics Lien That Incorrectly Listed Corporation As Property Owner Instead of Corporation’s Sole Shareholder Could Be Amended To Reflect The True Owner

On December 16, 2014, the Court of Appeals issued a decision in Rigano v. Vibar Construction, Inc., 2014 NY Slip Op. 08762, ruling that a mechanic’s lien that erroneously listed the sole shareholder of the property owner was not jurisdictionally deficient and could be amended nunc pro tunc to reflect the true owner. In Rigano,… Read more »

Posted: December 29, 2014

Second Circuit Affirms Dismissal on Rooker-Feldman Grounds

On December 18, 2014, the Second Circuit issued a decision in Canning v. Administration for Children’s Services, Queens, 13-4047-CV, affirming the dismissal of a lawsuit in the EDNY for lack of subject matter jurisdiction based on the Rooker-Feldman doctrine. In Canning, the plaintiffs brought an action in the EDNY challenging the constitutionality of a decision… Posted in EDNY, Appeals, Jurisdiction

Posted: December 29, 2014

Supplier Lists Not Trade Secrets

On December 19, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Knit Knit LLC v. Unitrade Enterprises, Inc., 2014 NY Slip Op. 51784(U), examining whether supplier lists constitute trade secrets. In Knit Knit LLC, the plaintiff “was engaged in purchase, importation and wholesale distribution of off-price apparel.” Among the claims… Read more »

Posted: December 28, 2014

Officer of Dissolved Corporation Personally Liable For Obligations Incurred By Corporation Post-Dissolution

On December 17, 2014, the Second Department issued a decision in 80-02 Leasehold, LLC v. CM Realty Holdings Corp., 2014 NY Slip Op. 08805, holding that a corporate officer was personally liable for the corporation’s obligations under a commercial lease that was executed after the corporation’s dissolution. The Court explained: Pursuant to Tax Law §… Read more »

Posted: December 27, 2014

Personal Jurisdiction Adequately Alleged Where There Was a Factual Showing that Out-of-State Defendants Conspired with In-State Defendant

On December 15, 2014, Justice Friedman of the New York County Commercial Division issued a decision in BGC Partners, Inc. v. Avison Young (Canada) Inc., 2014 NY Slip Op. 51774(U), holding that a plaintiff had adequately alleged personal jurisdiction over out-of-state defendants based on the in-state actions of co-conspirators. In BGC Partners, the plaintiffs sued… Read more »

Posted: December 26, 2014

In Pari Delicto Doctrine Limited When Agent Defrauded its Principal

On December 17, 2014, the Second Department issued a decision in Schwartz v. Leaf, Salzman, Manganelli, Pfiel, & Tendler, LLP, 2014 NY Slip Op. 08823, applying the adverse interest exception to the in pari delicto doctrine. In Schwartz, the plaintiff brought an action “inter alia, to recover damages for negligence, accounting malpractice, fraud, breach of… Posted in Commercial, Equitable Remedies and Defenses

Posted: December 25, 2014

Court Provides Detailed Reasoning Behind Refusal to Allow a Discount for Lack of Marketability

On December 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Zelouf International Corp. v. Zelouf, 2014 NY Slip Op. 24405, discussing the issue of discounts for lack of marketability in valuation proceedings. In Zelouf International Corp., the court granted reargument on a prior decision relating to a business… Read more »