Blogs

Monthly Archives: May 2015

Posted: May 31, 2015

Court Awards Attorneys’ Fees on Fraudulent Conveyance Claim

On May 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Ohana v. Levy, 2015 NY Slip Op. 30877(U), awarding attorneys fees on a claim for fraudulent conveyance. In Ohana, the plaintiffs brought a fraudulent conveyance action against both the defendant in an earlier action against whom the plaintiffs had… Read more »

Posted: May 29, 2015

Foreign Corporation’s New York Residence is Determined by Application to do Business

On May 20, 2015, the Second Department issued a decision in American Builders & Contractors Supply Co., Inc. v. Capitaland Home Improvement Showroom, LLC, 2015 NY Slip Op. 04262, dismissing an action for improper venue. In American Builders & Contractors Supply Co., the defendant moved to dismiss for improper venue. The trial court denied the… Read more »

Posted: May 28, 2015

Renewal Denied for Lack of Reasonable Excuse for Not Submitting Evidence Earlier

On May 20, 2015, the Second Department issued a decision in JBGR, LLC v. Chicago Title Insurance Co., 2015 NY Slip Op. 04279, affirming the denial of a motion for renewal. In JBGR, LLC, the defendant moved for renewal of its motion to dismiss on collateral estoppel grounds. The Second Department affirmed the trial court’s… Read more »

Posted: May 27, 2015

Court Permits Amendment To Complaint That Contradicts Admissions in Original Complaint

On May 12, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Avigdor v. Rosenstock, 2015 NY Slip Op. 50721(U), granting a plaintiff’s motion to amend the complaint. The decision in Avigdor is instructive in two respects: (1) first, the motion was unnecessary as a procedural matter, because, as Justice Demarest… Read more »

Posted: May 24, 2015

Court Explains Difference Between Civil and Criminal Contempt

On April 23, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Pensmore Investments, LLC v. Gruppo, Levey & Co., 2015 NY Slip Op. 30650(U), analyzing the standards for civil and criminal contempt. In Pensmore Investments, the plaintiff sought to collect a judgment and obtain judgment collection-related discovery. It moved… Read more »

Posted: May 23, 2015

Court Enforces Contract That Violates Statute

On May 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Grape Solutions, Inc. v. Majestic Wines, Inc., 2015 NY Slip Op. 30770(U)), granting summary judgment to the plaintiff in an action for breach of a wine distribution contract notwithstanding that the terms of the contract may have violated… Read more »