Blogs

Monthly Archives: June 2015

Posted: June 30, 2015

Copyright Claim Cannot be Brought in State Court Even if Repackaged as State Law Claim

On June 8, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Craig Barna & Bronsand Music, Inc. v. Rigby, 2015 NY Slip Op. 30963(U), discussing federal preemption of copyright claims. In deciding the defendants’ motion to dismiss, the court first examined an issue not raised by the parties: whether… Read more »

Posted: June 29, 2015

Corporation’s Payment of Back Taxes Retroactively Validated Contract Executed During Period of Delinquency

On June 2, 2015, Justice Singh of the New York County Commercial Division issued a decision in Exedus Contracting Corp. v. P.C. Consulting Mgmt. Corp., ruling that a corporation’s payment of overdue franchise taxes retroactively validated a contract it executed at a time when it “was dissolved by proclamation of the New York Department of… Read more »

Posted: June 29, 2015

Client Q&A: I just got cheated out of a lot of money, but I hear that big New York law firms charge as much as $1,000 an hour. There is no way I can pay that! What can I do?

I just got cheated out of a lot of money, but I hear that big New York law firms charge as much as $1,000 an hour. There is no way I can pay that! What can I do? By Erik S. Groothuis. It is a common misconception that attorneys will only agree to take on… Read more »

Posted: June 28, 2015

Liquidating Agreement Claim by Subcontractor Accrues When General Contractor’s Claim Time-Barred

On June 5, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Rad & D’Aprile Inc. v. Arnell Constr. Corp., 2015 NY Slip Op. 25191, analyzing when a claim for breach of a liquidating agreement accrues. In Rad & D’Aprile Inc., the plaintiff subcontractor and the defendant contractor entered into a… Read more »

Posted: June 27, 2015

Default Judgments Reversed for Insufficient Proof of Service

On June 19, 2015, the Fourth Department issued a decision in Interboro Insurance Co. v. Tahir, 2015 NY Slip Op. 05378, analyzing the sufficiency of the proof of service submitted in support of a motion for default judgment. In Interboro Insurance Co., the trial court denied the plaintiff’s motion for default judgment against three defendants–Bushra… Read more »

Posted: June 26, 2015

Answer Dismissed For Failure To Comply With CPLR § 3126 Conditional Order

On June 3, 2015, Justice Bransten of the New York County Commercial Division issued a decision in CPS 227 LLC v. Martin Brody, No. 654378/2013, striking the defendant’s answer and directing entry of a default judgment in the amount of $6.25 million with interest. The facts of CPS 227 LLC are not complicated: the plaintiff… Read more »

Posted: June 25, 2015

Settling Party Not Entitled to Contribution from Co-Defendants

On June 18, 2015, the First Department issued a decision in Diversified Group, Inc. v. Marcum & Kliegman LLP, 2015 NY Slip Op. 05265, holding that a settling party is not entitled to contribution under the General Obligations Law. In Diversified Group, the plaintiffs settled claims against them and then asserted claims for contribution against… Read more »

Posted: June 24, 2015

Court Grants Plaintiff’s Motion to Discontinue Action Without Prejudice

On June 8, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Tamai v. Suffolk Anesthesiology Assoc., P.C., 2015 NY Slip Op. 50885(U), allowing a plaintiff to discontinue an action without prejudice. In Tamai, the plaintiff moved to discontinue her lawsuit without prejudice. Despite the defendant’s opposition to the dismissal being… Read more »

Posted: June 23, 2015

Contractual Disclaimers Preclude Party From Pleading Justifiable Reliance Element of Fraud Claim

On June 2, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Harmit Realties LLC v. 835 Ave. of the Ams., L.P., 2015 NY Slip Op. 30931(U), granting a motion to dismiss a fraud claim on the ground that justifiable reliance could not be established in light of the disclaimers… Read more »

Posted: June 22, 2015

Arbitration Provision in Contract Allegedly Procured by Fraud Still Enforceable

On June 9, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Alksom Realty LLC v. Baranik, 2015 NY Slip Op. 50869(U), enforcing an arbitration provision despite claims that the plaintiff was fraudulently induced to enter into the agreement. In Alksom Realty, the defendants sought to dismiss most of the plaintiff’s… Read more »