Blogs

Monthly Archives: August 2015

Posted: August 31, 2015

Lack of Standing is not a Jurisdictional Defect Justifying Sua Sponte Dismissal

On August 26, 2015, the Second Department issued a decision in Mortgage Electronic Registration System, Inc. v. Holmes, 2015 NY Slip Op. 06662, holding that a lack of standing is not a jurisdictional defect. In Mortgage Electronic Registration System, the trial court responded to the plaintiff’s motion to amend the caption to substitute a different… Posted in Commercial, Standing

Posted: August 30, 2015

Court Rejects Referee’s Recommended Award of Punitive Damages

On August 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Dionne-Tontchev v. Worldwide Wealth Management Corp., 2015 NY Slip Op. 31587(U), rejecting a referee’s recommended award of punitive damages on the plaintiff’s breach of contract, quasi-contract and tort claims, because “[n]o testimony was elicited as to why punitive… Read more »

Posted: August 29, 2015

Because Deadline for Contract Performance was on Weekend, Deadline was Extended to Weekday

On August 18, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Madison Avenue Diamonds LLC v. KGK Jewelry LLC, 2015 NY Slip Op. 31585(U), holding that a defendant did not breach a contract by failing to perform an act by a contractual deadline because the General Construction Law extended… Read more »

Posted: August 27, 2015

Client Q&A: I was cheated by a big company. My loss was not big, but they probably cheated other people, too. How can we all get justice?

I was cheated by a big company. My loss was not big, but they probably cheated other people, too. How can we all get justice? By Bradley J. Nash In general, a plaintiff in a lawsuit can only assert claims for injuries that he suffered – and cannot assert claims on behalf of others. A… Read more »

Posted: August 27, 2015

Plaintiff States Claim for Fraudulent Inducement Despite Being At-Will Employee

On August 25, 2015, the First Department issued a decision in Laduzinski v. Alvarez & Marsal Taxand LLC, 2015 NY Slip Op. 06646, holding that an at-will employee can bring a claim for fraudulent inducement to enter into an employment contract. In Laduzinski, the plaintiff brought an action against his former employer for fraudulently inducing… Read more »

Posted: August 26, 2015

Damages for Breach of “Agreement to Agree” Limited to Out-of-Pocket Expenses

On August 17, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in DOLP 1133 Props. II LLC v. Amazon Corporate, LLC, 2015 NY Slip Op. 31544(U), dismissing claims for specific performance and lost profits in connection with an alleged breach of an agreement to negotiate a lease. In DOLP 1133… Read more »

Posted: August 25, 2015

Contract’s Arbitration Clause Enforced Despite Alleged Fraud Relating to Contract

On August 19, 2015, the Second Department issued a decision in Ferrarella v. Godt, 2015 NY Slip Op. 06571, enforcing an arbitration clause in a contract notwithstanding allegations that the contract had been fraudulently induced. In Ferrarella, the the plaintiff brought an action relating to a stock purchase agreement. The defendant moved to compel arbitration…. Read more »

Posted: August 24, 2015

Second Circuit Holds that Applying for ACA Accommodation is not a Substantial Burden Violating RFRA

On August 7, 2015, the Second Circuit issued a decision in Catholic Health Care System, v. Burwell, 14-427-cv, reversing the EDNY and holding that “regulations promulgated under the Patient Protection and Affordable Care Act that allow religious non-profit employers to opt out of providing contraceptive coverage do not themselves substantially burden Plaintiffs’ religious exercise in… Read more »

Posted: August 24, 2015

Case Cannot be Dismissed as Abandoned Unless Note of Issue Has Been Filed

On August 6, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in Genesee Office Interiors, Inc. v. Furniture Consultants, Inc., 2015 NY Slip Op. 51162(U), vacating a dismissal for abandonment, explaining that “CPLR 3404 provides that a cause in the supreme court marked off or struck from the calender or unanswered… Read more »