Blogs

Monthly Archives: April 2015

Posted: April 30, 2015

First Department Reverses Award of Sanctions for Frivolous Litigation

On April 23, 2015, the First Department issued a decision in Gordon Group Investments, LLC v. Kugler, 2015 NY Slip Op. 03394, reversing an award of sanctions for frivolous litigation conduct. In Gordon Group Investments, the plaintiff “moved by order to show cause and pursuant to CPLR 2221 and 5015(a) to renew or vacate [an]… Read more »

Posted: April 29, 2015

No Dismissal Where Questions of When Fraud Could have Been Discovered Exist

On April 20, 2015, Justice Bransten of the New York County Commercial Division issued a decision in Davoli v. Dourdas, 2015 NY Slip Op. 30635(U), discussing the statute of limitations for fraud. In Davoli, the plaintiff brought claims for “fraud and other malfeasance by her financial advisors and others in connection with the management of… Read more »

Posted: April 28, 2015

Defects in Summons Require Dismissal of Action Brought By Motion For Summary Judgment In Lieu of Complaint

On April 17, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in Clinton Capital Corp. v. 635 Realty Corp., 2015 NY Slip Op 30614(U), dismissing an action brought by motion for summary judgment in lieu of complaint based on defects in the summons and service of process. The plaintiff in… Read more »

Posted: April 27, 2015

Corporate Officers Who Repaid Loans to Themselves Instead of Paying Creditors Liable for Fraudulent Conveyance

On April 16, 2015, the First Department issued a decision in Holme v. Global Minerals & Metals Corp., 2015 NY Slip Op. 03249, affirming a grant of summary judgment on a claim for fraudulent conveyance. In Holme, the plaintiff sought to collect a judgment it had obtained against a non-party (“Global NY”) by bringing an… Read more »

Posted: April 26, 2015

Court Excludes Parol Evidence

On April 16, 2015, the First Department issued a decision in Town New Development Sales & Marketing LLC v. Price, 2015 NY Slip Op. 03262, affirming the dismissal of a counterclaim based on parol evidence varying a written agreement. In Town New Development Sales & Marketing, the trial court granted the plaintiff’s cross motion to… Read more »

Posted: April 25, 2015

Heter Iska Enforced as a Note, Not a Partnership Agreement

On April 15, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Kirzner v. Plasticware, LLC, 2015 NY Slip Op. 50533(U), enforcing a note that had certain characteristics of a partnership agreement. In Kirzner, the plaintiff moved for summary judgment on its claims based on a promissory note. The defendants’ arguments… Posted in Commercial, Usury

Posted: April 24, 2015

Citation to Scientific Articles Saves Complaint from Dismissal in Class Action Alleging Marketing of Skin Care Cream Was False and Deceptive

In a March 31, 2015 order in Tomasino v. The Estee Lauder Companies, Inc., et al., 13-CV-4692 (EDNY March 31, 2015), Judge Edward R. Korman declined to dismiss a purported class action alleging that Estee Lauder’s marketing of a line of nighttime facial creams was false and deceptive under New York General Business Law sections… Read more »

Posted: April 24, 2015

Plaintiff Entitled to Summary Judgment on Fraudulent Conveyance Claim

On April 15, 2015, the Second Department issued a decision in Akodes v. Pyatetsky, 2015 NY Slip Op. 03112, holding that a trial court should have granted a plaintiff summary judgment on a claim for fraudulent conveyance, explaining: Pursuant to Debtor and Creditor Law § 274, a conveyance is fraudulent when it is made without… Read more »

Posted: April 22, 2015

No Claim for Negligent Misrepresentation Without Special Relationship

On April 14, 2015, the First Department issued a decision in J.P. Morgan Securities Inc. v. Ader, 2015 NY Slip Op. 03071, affirming the dismissal of a claim for negligent misrepresentation. In J.P. Morgan Securities, the defendants asserted a counterclaim for negligent misrepresentation. The trial court granted the plaintiff’s motion for summary judgment dismissing that… Read more »