Blogs

Monthly Archives: January 2015

Posted: January 31, 2015

Court Accepts Late Reply to Counterclaim Where Delay Was Result of Law Office Failure

On January 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in West 17th St. & Tenth Ave, Realty, LLC v. The N.E.W. Corp., 2015 NY Slip Op. 30041(U), discussing the standard for law office failure sufficient to justify denying a default judgment. In West 17th St. & Tenth Ave,… Read more »

Posted: January 30, 2015

Disclaimer of Coverage Not in Bad Faith When No Intent to Delay and Arguable Basis for Denial Existed

On January 22, 2015, the First Department issued a decision in S Bros. Inc. v. Leading Insurance Services, Inc., 2015 NY Slip Op. 00603, discussing the standard for bad faith refusal to defend under an insurance policy. In S Bros. Inc., the “[p]laintiff commenced [a] declaratory action approximately one month after asking defendant to reconsider… Read more »

Posted: January 29, 2015

First Department Affirms Injunction Pending Arbitration Based, In Part, On Agreement Limiting Damages

On January 22, 2015, the First Department issued a decision in Matter of Rockwood Pigments NA, Inc. v. Elementis Chromium LP, 2015 NY Slip Op. 00612, affirming the grant of a preliminary injunction prohibiting the termination of a distributorship agreement pending arbitration of the parties’ dispute. This post focuses on one aspect of the Rockwood… Read more »

Posted: January 28, 2015

First Department Analyzes “Manifest Intent” Requirement in Fidelity Bond

On January 22, 2015, the First Department issued a decision in Keybank N.A. v. National Union Fire Insurance Co. of Pittsburgh, PA, 2015 NY Slip Op. 00614, analyzing the “manifest intent” requirement in a fidelity bond. In Keybank, the plaintiff sought to recover on a fidelity bond. The First Department affirmed the trial court’s denial… Read more »

Posted: January 27, 2015

LIPA Did Not Violate Establishment Clause By Allowing Religious Group to Attach Items to Utility Poles

On January 6, 2015, the Second Circuit issued a decision in Jewish People for the Betterment of Westhampton Beach v. Village of Westhampton Beach, 14-1441, affirming a decision by the EDNY dismissing plaintiffs’ claims that various utilities violated the Establishment Clause by agreeing to allow Jewish groups to attach “inconspicuous strips” to utility poles to… Read more »

Posted: January 27, 2015

Debt Not Acknowledged in Writing Does Not Revive Statute of Limitations

On January 21, 2015, the Second Department issued a decision in Mosab Construction Corp. v. Prospect Park Yeshiva, Inc., 2015 NY Slip Op. 00505, holding that the defendants had not acknowledged the debt in a writing, restarting the statute of limitations period. In Mosab Construction Corp, the trial court granted the defendants’ motion to dismiss… Read more »

Posted: January 26, 2015

Court Denies Motion to Amend Petition for Judicial Dissolution of Corporation to Add Allegations to Post-Commencement Wrongdoing

On January 16, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in Matter of Digeser v. Flach, 2015 NY Slip Op 50041(U), ruling that a petitioner seeking judicial dissolution of a corporation could not amend the petition to add allegations of post-commencement wrongdoing, while preserving the original valuation date for purposes… Read more »

Posted: January 26, 2015

Client Q&A: The contract I signed has an arbitration clause, does that mean I cannot file a lawsuit?

The contract I signed has an arbitration clause, does that mean I cannot file a lawsuit? By John M. Lundin In the past several decades, it has become increasingly common that business- and consumer-related contracts provide that a dispute over the contract has to be decided by one or more arbitrators–private persons chosen by the… Read more »

Posted: January 25, 2015

Insured Not Entitled to Coverage When it Fails to Set Fire Alarm as Required by Policy

On January 21, 2015, the Second Department issued a decision in Triple Diamond Café, Inc. v. Those Certain Underwriters at Lloyd’s London, 2015 NY Slip Op. 00527, affirming summary judgment in favor of an insurer because of the insured’s failure to observe a policy warranty. In Triple Diamond Café, the trial court granted the defendant… Read more »

Posted: January 24, 2015

Court Enforces Choice of Law Provision Notwithstanding Dispute’s Lack of Connection to New York

On January 9, 2015, Justice Bransten of the New York County Commercial Division issued a decision in Marsh USA Inc. v. Doerfler, 2015 NY Slip Op 50020(U), holding that, as written in the parties’ agreement, a New York choice of law provision precluded an argument that New York law should not be applied because the… Read more »